:||iiiilifiaig 



REVISED SUGGESTIONS 



IN 



UNITED STATES HISTOEY 
AND GOVERNMENT 



HART 




LIBRARY OF CONGRESS. 



UNITED STATES OP AMERICA. 



REVISED SUCxGESTIONS 



0\ THE STUUV OK THK 



HISTORY AND GOVERNMENT 



UNITED STATES 



ALBERT BUSHNELL HART 




OjO^ 



CAMBRIDGE 



publi5be& bv? tbe TUniversitp 

1895 



COPYRIGHT, 1895 

By harvard UNIVERSITY 






PREFACE. 



These suggestions are the result of twelve years' experience with 
classes in the history and institutions of the United States. While 
intended principally for the use of students in Harvard University, 
perhaps they maj' be serviceable to teachers and students in other 
institutions. 

The purpose is to explain in detail the different kinds of work 
which have been found helpful ; but it will be understood that no 
course in Harvard College combines all these kinds of work in 
one year. 

ALBERT BUSHNELL HART. 

Cambridge, September 1, 1S1)5. 



CONTENTS. 



i^ 


8, 


^ 


9. 


.^ 


10 


§ 


11 


§ 


12 


§ 


13 



I. PRELIMINARY SUGGESTIONS. 

I)e.scription of courses in history ami governiuent .... 9 

Choice and succession of courses 11 

Previous preparation 12 

Time necessary for tlie courses 12 

JNIethods emijloyed in the courses 13 



II. MATERIALS. 

I^se of books 15 

Libraries avaihibU' ... 15 

Text-books 16 

Small Iiistorical lil)raries 16 

Special libraries on constitutional (juestions 17 

Small descriptive libraries 18 

Iiistorical books desiral)le to own 18 

Descriptive books desirabh- to own , . 18 



III. LECTURES. 

§ 14. Character of the lectures 21 

§ 15. Attendance . . ' 21 

§ 16. Princi])les of note-takin<i' 21 

§ 17. Suggestions for taking lecture notes .... 22 

§ 18. Historical geography 23 

§ 19. Useful geograi)hical works 23 

§ 20. Arrangement of lectures 24 

§ 21. List of ten historical lectures 24 

§ 22. List of ten descriptive lectures 25 

§ 2;'). List of twenty-four historical and descriptive lectures 25 

§ 24. List of thirty Iiistorical lectures 26 

§ 25. List of si.\ty descriptive lectures 28 

§ 26. List of ninety historical lectures ;J0 

§ 27. List of ninety descriptive lectures 35 



() CONTKNTS. 

IV. PARALLEL READING. 

§ 2H. He(|uirement of readini; 40 

§ 29. Consecutive readings 40 

§ 30. General readings 40 

§ 31. Topic-al reading.-^ 41 

*? 32. Lists of general readings on United Slates history .... 41 

§ 33. List of readings on .Vnieriean (iovernnient 42 

§ 34. ^Memorizing 49 

V. WEEKLY PAPERS. 

§ 35. Purpose of the exereisc oO 

>} 36. Directions for tlie e.xercise in liistory oO 

§ 37. Correction of the paper.; ol 

§ 38. Directions for tlie exercise in g()\ I'nnncn; .■)1 

§ 39. Preparation for the papers .'jI 

§ 40. Materials for the i)apers .'r2 

§ 41. Paper No. 1. — Us(; of constitutional authorities . . a2 

§42. Paper No. 2. — Colonial government 54 

§ 43. Paper No. 3. — Is the Union ohler than the States . 55 
§44. Paper No. 4. — Powers of the confederation . . . 5(i 
§ 45. Paper No. 5. — Constitution making and amend- 
ment 57 

§ 46. Paper No. 6. — "Was the constitution a compact? . 58 

§47. Paper No. 7. — Separation of ])o\vers 59 

§48. Paper No. 8. — Protection Co 

§48. Paper No. 9. — Implied power.; 01 

§50. Pa]jer Xo. 10. — Remedy for usurpation liy the 

federal govenunenl 02 

§51. Paper No. 11. — Annexation of territory .... (14 

§52. Paper No. 12. — Power to regulate commerce . . (>5 

§53. Paper No. 13. — Internal improvements .... ()(» 

§54. Paper No. 14. — Impairment of contracts . ... (18 

§55. Pa2)er No. 15. — International obligations . . (19 

§56. Paper No. 16. — Aj)poinliuents and removals . . 70 

§57. Paper No. 17. — Nullification 71 

§58. Paper No. 18. — The general welfar.- 72 

§59. Paper No. 19. — Taxation and surplus revenui' . 72 
§ 60. Pai)er No. 20. — Constitutional and economic status 

of slavery 73 

§61. Pai)erNo. 21. — Free speech, free press, !jnd 

petition in ( 'ongress .... 74 

§62. Paper No. 22. — Obligations of tlu^ States . . . 75 
§ 63. Paper No. 23. — Extension of tlie Constitution over 

territoi-y 7(1 



KKADINlt I'ArEKS. 



§ G-Jr. Paper No. 24. — Popular sovereignty . 

§ 60. Paper No. 2;"). — Questions of citizenship . 

§ 66. Paper No. 20. — Secession 

§ 67. Paper No. 27. — ]Means of executing the laws 

§ 6<S. Paper No. 2.S. — AA'ar powers of the President 

§ (')!). l'a])ei- No. 2'J. — (Questions of reconstruction . 

§ 70. Paper No. ;Ui. — The police power .... 



78 
79 
80 
82 
H3 
84 



VI. SPECIAL REPORTS. 

§71. Purpose of the exercise 86 

^ 72. Summer school reports 87 

>; 7;:). Teachers' course reijorts 87 

§ 74. History reports 87 

§ 75. Government rei)oris 88 

§ 7G. General directions for special rejjorts in history 88 

§ 77. Bibliographical sjjccial reports 91 

§ 78. Bibliographical subjects 92 

§ 79. Example of a bibliographical report . 95 

§ 80 Legislative special reports 97 

§ 81. Legislative subjects 98 

§ 82. Example of a legislative re})orl .... 99 

§ 83. Constitutional special reports 107 

§ 84. C Constitutional svibjects 109 

§ 85. Example of a constitutional report . . . 122 

§ 86. Statistical special reports 128 

§ 87. Statistical subjects 129 

§ 88. f^xample of a statistical report . . . 131 

§89. (ieographical special re jjorts 132 

§ 90. Geogra2)hical subjects 135 

§ 91. Special reports on slavery 136 

§ 92. Slavery subjects 137 

§ 93. Biographical special reports • . 139 

§ 94. Biographical subjects 139 

§95. General directions for special reports in government . . 140 

§96. Example of a rejjort on government . 141 

§ 97. Special reports on political theory 14;* 

§ 98. Special reports on constitution making .... 144 

§ 99. Special reports on fundamental riglits .... 145 

§ 100. Special reports on political methods 146 

§ 101. Special reports on state government 147 

§ 102. Special I'eports on local government 147 

§ 103. Special reports on the national legislature . . . 148 

§ 104. Special re{)orts on the national (executive . . . 149 

§ 105. Special reports on the national judiciary .... 150 

§ 106. Special i-eports on territorial functions . . . . 151 



CON I KNT> 



<5 107. 
§ 108. 
§ 109. 
§ 110. 
§111. Sjx'cial n'liorts on u-ciicr.'il welfare 



S))ccial I'eports on tiiiancinl funetions . 
Special rejiorts on eomniercial functions 
Special reports on forcii^n relations 
Sj)ecial r(^])orts on war powers . 



15 1 
152 
153 
154 
15+ 



VII. EXAMINATIONS. 

§ 112. Puriioses of exaniinalions 

§ 113. Su<;<i-esti()ns for examinations 

§ 114. Specimen hour pajx'r in history 

§ 115. Specimen mid-year paper in history .... 

§11G. Specimen mid-year paper in government 

§ 117. Specimen final paper in briefer historical courses 

§ 118. Specimen final paper in history 

§ 119. Specimen final jjapia* in ofovernment .... 



156 
156 
157 
157 
159 
160 
160 
163 



PRELIMINARY SUGGESTIONS. 

§ I. Description of courses in history and government. It 

will be seen that this pamphlet refers to work of two very different 
kinds. In the first place, part of the courses here suggested attempt 
to follow out in narrative form the development of American History 
since the Revolution. For this purpose it is necessary to dwell upon 
the succession of events, and the relations of one group to another ; 
and the present condition of American institutions is referred to only 
by way of illustration and comparison. In the descriptive courses, 
on the other hand, the attempt is made to show what the institutions 
of the United States now are ; and the history is brought in only to 
throw light upon present conditions. The first group, therefore, in- 
cludes the personal element, the interplay of parties, and the rise and 
disappearance of political questions. The second group deals with 
the4)resent practice of government and does not include questions of 
motive ; persons are treated only as illustrating variations in practice. 
In the first group judgment is passed on questions now obsolete ; in 
the second group, the point of view is : how is government now ad- 
ministered, and how may it be improved? 

The two brief courses of lectures (§§ 21, 22) are intended for 
popular audiences ; and cover in very brief space the elements of 
United States history and a sketch of American government. 

The courses offered by Harvard University to which this pamphlet 
applies are as follows : 

1. Lecture course in the Summer School; twenty-four lectures, 
four special reports, and daily " papers" : §§ 23, o")-39, 72, 117. 

2. Training course for teachers in grammar and primary schools ; 
thirty lectures and written work : §§ 24, 35-39, 73, 117. 

3. History 13 (Political and constitutional history of the United 
States, 1783-1865) ; ninety lectures, five special reports, and weekly 
"papers": §§ 26, 32, 35-37, 74, 76, 114, 115, 117. 

4. Government 12 (Government and political methods in the 
United States, national. State and local) ; ninety [or sixty] lectures 
and eight special reports: §§ 25, 27, 38, 75, 95, 116, 119. 

9 



10 I'UKIJ.MIXAltV 8UGGKSri<)NS. [SECTS. 

The Suiiuiai- Scliool course is not intended to cover in detail any 
part of the field of American History, but to give a general survey of 
the elements -which underlie the development of the nation, and the 
political questions wliich luive arisen dining the last century. It is 
intended thus to make the lectures suggestive to the experienced 
teacher of American History as well as to those who desire a general 
view of the subject. 

The training course is intended to affoi'd to teachers of American 
history and civil government, actually in ser^ice in grammar and 
primary schools, an opportunity to fit themselves in their subjects. 
The lectures will not cover the detail of American history or gov- 
ernment, but are intended to furnish a ground-work of information 
and illustration ; and also to suggest methods of presentation and 
illustration, especially such as ^re likely to be helpful in making the 
subject interesting to children. It is intended solely for actual 
teachers, and is not open to the regular students of the University ; 
nor can it be counted toward a degree. 

The aim of History 13, the general narrative course, is to describe 
the conditions under which the government of the United States has 
developed into its present form, and the causes which have directed 
the political policy of the country. At the same time students are 
expected to learn the methods, and acquire the habit, of reasoning on 
political and constitutional questions, so that they may apply the 
material of the course to current events and future questions. 

Government 12 is an advanced course intended primarily for 
graduates, limited in number. It is open only to those who have 
already a knowledge of the annals of American history. In this 
course it is intended to discuss the practical workings of the American 
system of government as it now exists, with constant reference, how- 
ever, to the historical growth of the institutions described. It goes 
beyond the text of constitutiims and statutes, and seeks to learn the 
actual practice of officials, legislative bodies and political parties and 
organizations. Among the subjects to be discussed are : the histori- 
cal and legal basis of government in the United States ; the suffrage, 
and the degree and manner of its exercise ; political parties and party 
machinery ; state and local governments ; problems of city govern- 
ment ; the functions of the three departments of government, execu- 
tive, legislative, and jndiciar}^ especially the civil service, procedure 
of legislative bodies and jurisdiction of the courts ; territorial powers, 
including the growth of territory ; the people, race elements, distri- 
bution ; citizens, their creation, rights, and duties; status of Negroes, 
Chinese, and Indians; liuancial and connnercinl powers, including 



1-2.] COURSES AND CHOICK. 11 

the administration of the tariff, pnbUc lands, internal improvements, 
public buildings, and shipping ; foreign powers and treaties ; military, 
including the militia and pensions ; enforcement of law and mainte- 
nance of order. (See also § 27.) 

§ 2. Choice and succession of courses. The brief courses and 
teachers' course of lectures are not intended for university students. 

The Summer School nuiy be used by students who expect to take 
History 13, as a means of anticipating tlie written woi-k of that course. 
For students expecting to enter the Graduate School, the summer 
course may be convenient as an introduction to the Harvard system, 
and may save the necessity of taking a regular narrative course in 
American history after entrance. 

History 13 is perhaps better taken in the Junior or Senior year, 
when the mind has a larger store of facts and conclusions on current 
politics and history. It is not expected that the history and govern- 
ment courses will be taken by the same student in the same year, in- 
asmuch as the former or its equivalent is a preparation for the latter. 
History 13 is adapted to future journalists, active liusiness men, 
public men and lawyers ; it may be advantageously taken at the same 
time as History 12 (European history since 1750) ; History 10 
(Colonial history) ; Government 4 (International Law) ; or Economics 
6 and 8 (Tariff and Financial History of the United States) . It is 
introdifctory to Govei'nment 6 (Federal Government) ; to Government 
12 (Government and Political Methods in the United States) ; and to 
History 20iii. (Seminary in American History and Institutions). 

Govermnent 12 is intended for future teachers of history, investiga- 
tors and writers upon constitutional questions ; it is also adapted for 
men who are to study politics and law. A small number of qualified 
Seniors may be admitted, especially if they expect to follow up this 
line of study in the Graduate School. The course in government 
expects a previous knowledge of the annals of American history ; the 
Summer Course, or History 13 would be a suitable preparation. 
Government 1 (Elementary constitutional government), is an ele- 
mentary course insi milar lines, and Govei-nment 7 (Leading Principles 
of Constitutional Law) , Government 1 1 (History of Political Theo- 
ries) , and Government 10 (Principles of Government), are parallel 
in degi-ee of advancement, and work in well with the subject of 
Government 12. The course in govermnent is desirable as a prepara- 
tion for History 206^. (Seminary in American History and Insti- 
tutions) . 

For students who expect to c(^me up for higher degrees in history 
or political science it is desirable to take narrative courses (sucli as 



12 I'KKLIMINAHV sr{;GESTIONS. [SECTS. 

History lU or lo) in the Junior year, Government courses (as Govern- 
ment 10, 11, 12) in the Senior year, and the Seminary in the Graduate 
School. 

§3. Previous preparation. The two brief courses are intended 
to be useful to any mature and iiitellisient mind. 

The sunnner course is oi)en to mature persons who have had no 
previous liistory : but it is likely to be more useful to those already 
somewhat familiar with the details of American History. A special 
opportunity will be offered to teachers and trained students who wish 
practice in investigation from the sources, under the immediate 
guidance of the instructor. To such students will be assigned fre- 
quent and regular individual conference hours, and every effort Avill 
be made to give them familiarity Avith tin; material on American 
history and with approved methods of Avork. 

The teachers' course Avill be prolitable only to those A\'ho ai'e teaching 
or expect to teach American history oi- civil government ; and it aa'IU 
require some previous acquaintance Avith the detail of American 
history: but that acquaintance may be gained by j)aialk'l reading 
outside of the course. 

History 13 is intended for students avIio have ah'eady taken some 
historical courses. GoA'ernment 1 (Elementary Constitutional Goa'- 
ernment) is a useful preliminary; and History 10 (Colonial History) 
is especially reco'.nmended. Those Avho haA'e had neither of these 
courses Avill be expected to read, before entering the com-se, at least 
one of the following selected Avorks : Frothingham, Hiae of the 
Republic; J. T. Morse, Franklin and II. C. Lodge, Washington^ 
Vol. I. Other brief readings on the colonial pei'iod Avill be enforced 
in the course. For GoA'crnment 1 might be substituted Bryce, 
American Commonwealth, Vol. I ; but mature students, especially 
those coming from other colleges, Avill be admitted on showing that 
they are fitted to profit by the course and to do the Avritteu 

AVOl'k. 

To enter GoA'ernment 1 2 it is expected that the student shall have 
had thorough previous training in American history, and shall be 
Avell acquainted with some other contemporary history. 

The best ])reliminary jireparation for any of these courses will be 
to follow out a set of the general i-eadings I'cconnnended below 
(§§ 32, 33), and in Channing and Hart, Guide to Jhe Study of 
American History, § 56. 

§4. Time necessary for the courses. The summer com-se is 
expected to absorb the Avhole Avorking time of the student during the 
six Aveeks of the school. The teachers' course aaIII require not less 



2-5.] PREPAKATION, METHODS. 13 

than three hours' work per week outside of the general exercises. 
It will not be possible to do the work of History 13 without putting 
upon it at least one quarter of the time usually given to his studies 
by an industrious student. Of this time most students probably 
spend about one-half upon tlie preparation for the weekly papers 
(§ 39) and special reports (§§ 74-76), the other half upon the general 
reading parallel with the coni-se, (§ 28). Government 12 is intended 
to take about one-quarter of the time of a well-qualified graduate 
student : about one-half the work will be necessary for the special 
reports (§ 78) and about one-half for the reading (§ 33). 

§5. Methods employed in the courses. None of the courses 
in United States history and government is intended to be a com- 
plete survey of the Avhole field, except the advanced course in govern- 
ment. The object of the instruction is not so much to furnish a body 
of information as to train students to apply what they learn, and to 
compare that knowledge with the new ideas which come to them. 
They are meant to be training courses rather than information courses. 
Hence they do not form a complete chronological sequence, but sug- 
gest the essential elements of American history and government, 
and discuss the things which have really made a difference in the 
development of the country. The instructor in his lectures suggests 
proportions and arrangements of facts, and endeavors to show the 
connection of events with each other ; and he lays much stress upon 
historical geography, especially the territorial growth of the country 
and the slavery question. Details are to be filled in by the student 
from his own reading parallel with the course. Since listening to 
lectures and reading are both somewhat mechanical, a special weekl}' 
exercise is introduced to train the reasoning powers upon the questions 
discussed; this is the so-called "papers." At the same time the 
student will in the "special report" work, acquire practice in the use 
of materials and in the application to legal questions of principles 
which he has already learned. Finally, examinations are intended to 
test the judgment and thi; sense of proportion on the part of the 
student. Students will be expected therefore to show proficiency in 
each of the following five departnients : 

(a) A fair knowledge of the facts derived from the lectures and 
from parallel reading (§§ 14-20, 28-32), as shown in the weekly 
papers and in examinations. 

(6) A fair knowledge of the historical geography of the United 
States (§ 18), as shown in examinations. 

(c) An ability to reason on brief unfamiUar questions, as shown 
by the "papers" (§§ 35-70). 



14 I'UKLlMI.NAltV SUGGESTIONS. [SECTS. 5-7. 

(d) Some knowledge of sources and an al>ility to combine facts 
derived from them into a statement useful for other people, as shown 
in the special reports (§§ 71-111). 

(e) An ability to retain and to apply the principles gained from 
the work of the course, including the parallel reading, as tested in 
examinations (§§ 112-119). 

No one will receive a pass mark in any of the courses who abso- 
lutely fails in any one of the five de])artments. 



II. 

MATERIALS. 

§ 6. Use of books. Inasmuch as the value of the course lies 
chiefly in the student's use of his own powers, it is expected that all 
students will acquire the habit of using many books. Brief text- 
books will be required, but must be supplemented by wide reading in 
the general literature on the subject ; and the courses are arranged 
with the expectation that students will read the most important chap- 
ters of several works rather than the whole of any elaborate work. 
The use of bibliographical helps will be enforced at the beginning of 
each narrative course by a bibliographical report (§ 77). Constitu- 
tional treatises are to be taken up as a foundation for the work on 
"papers" (§§ 13, 40). The sources will be used for some of the 
special reports (§§41, 80, 86, 91, '.17-111). Then throughout the 
course students will be expected to acquu'e then* knowledge of facts 
from a great variety of material. 

§ 7. Libraries available. To make it possible to do work of the 
kind just described, generous library facilities are necessary. In 
the Harvard College Library will be found a special collection of 
books intended for these courses. In the Delivery Room of the 
library is the card catalogue, a practical knowledge of which will be 
one of the earliest requii'ements of the courses. The records of the 
debates of Congress for the legislative report will be found in the 
College Reading Room. In the Reading Room is also an alcove of 
reserved books on Colonial and United States History, which contains 
most of the standard books necessary for the com-se, many of them 
in duplicate or triplicate copies ; they are arranged alphabetically by 
ranges, the order being from the bottom upward. In another place 
are the books on government, arranged alphabetically by authors, for 
all the College courses on government. In the same room are the 
catalogues and other bibliographical aids, and the valuable collection 
of government documents and records, including a set of the Opinions 
of the Attorney General and of the decisions of the Supreme Court. 

In addition to the large CJollege Library there is in University 14 the 
Evans Library, a collection of about six hundred volumes, including 

15 



16 MATERIALS. [SFX'TS. 

duplicates and triplicates of the most important hooks. This is open 
day and evening to qualified stmU'iits. 'i'lu' instructor is always ready 
to provide additional copies of books, if needed, upon application of a 
suflicient iuuul)er of students. 

The Cambridge Public Library, on Broadway, near the College 
buildings, may be used b}^ any permanent resident of Cambridge. 
The Boston libraries, especially the Boston Public Library, the 
Athenaeum and the Massachusetts State Library may be conveniently 
used, especially for special reports. Of these the State Library is 
the most accessible and it contains valual)le sets of documents and 
State statutes. The Law School Library is not open for general work, 
but may be used for books which cannot otherwise be found. Bates 
Hall, in the Boston Public Library, is open in the evening ; there is a 
valuable set of United States public documents in this library. 

§ 8. Text-books. In all the courses some text-books are neces- 
sary to serve as a foundation and to give an outline of the subject. 

In the brief courses these Revised /Suggestions on the iStudi/ of 
the History and Government of the United States will b«' a suflicient 
guide to parallel reading. 

In the Summer School and in the training course for teachers the 
text-books will be : Revised Suggestions on the Study of the History 
and Government of the United States (189o) ; Channing and Hart, 
Guide to the Study of American History (1S\) 5) ; Alexander Johnston, 
History of American Politics (18H.S) ; Epochs of American History, 
3 vols. (1891-93). 

For History 13 and other general narrative courses the text-books 
will be : Revised Suggestions on the Study of the History and Govern- 
ment of the United States (1895) ; Channing and Hart, Guide to the 
Study of American History (1895); Alexander .Johnston, History of 
American Politics (IHS'i) ; Constitution of the United States (Am,erican 
History Leaflets, No. 8, 3d ed.) ; Epochs of American History, 3 vols. 
(1.S91-93). 

For Government 12 and the other geneial descriptive courses the 
text-books are : Revised. Suggestions on the Study of the History and 
(rovei-nment of the United States (1895) ; Albert Bushnell Hart, 
Outline of American Government (in preparation) ; James Jiryce, 
American Commomcealth, 2 vols., 3d ed. (1893-95); II. von Hoist, 
Constitutiori(d Jaih^ (1887). 

§ 9. Small historical libraries. Every student who can afford 
to do so is advised to buy for himself a few select books, in addition 
to the text-books. Several fiiends may agree each to provide his 
quota of a little working library, the books that he furnishes to be 



/-H'.] TKXT-r.OOKS, LIintAUIKS. 17 

his property at tht' end of the year. Tlie following will be useful for 
any of the narrative courses : See also Guide ^ §§ 38, 39. 

For $5.00. — The following volumes of the American Statesmen 
Series : H. C. Lodge, George Washington, 2 vols. (18(S9) ; Carl 
Schurz, Ileuri/ Clai/, 2 vols. (1887) ; John T. Morse, Abraham 
Lincoln, 2 vols. (1893). 

For $10.00. — Edward Stanwood, Presidential Elections (1892); 
John T. Morse, Benjamin Franl-Jin (1.S.S9) ; John T. Morse, Thomas 
Jefferson. (1883) ; IT. C. Lodge, Alexander Hamilton (1882) ; Carl 
Schurz, Henry Clay, 2 vols. (1<S,S7) ; W. G. Sunnier, ^in drew Jackson 
(1882); H, von Ilolst, John C. Calhoun (1882); John T. Morse, 
Abraham Lincoln, 2 vols. (1.S!I3). 

For $20.00. — Th.e books enumerated in the ten dollar list, and 
also: H. von Hoist, Constitnfioncd History, I, II (1877, 1879); 
James F. Rhodes, History of the United States, I-III (1892-95) ; 
Thornton K. Lothrop, TI7//('am H. Seioard (1895); F. W. Taussig, 
Tariff History (1888). 

For $30.00. — The books enumerated in the twenty dollar list and also : 
Horace Greely, American Conflict, vol. I (18r)4) ; John Bach McMaster, 
History of the People of the United States, I-IV (1883-1895). 

F'or $(50.00. — The set of American StiUesme.n (25 vols, and 3 in 
preparation) ; .lames Schouler, History of the United States, 5 vols. 
(1887-92) ; H. von Hoist, History of the United States, 8 vols. 
(1877-93); The Avierican History Series, 3 vols. (1892-95), and 2 
more in preparation. 

§ 10. Special libraries on constitutional questions. Vov the 
weekly papers the ordinary narrative histories and biographies are 
not sufficient. Students will find it absolutely necessai-y to use 
constitutional treatises, and are advised to own one of the for.owing 
collections. See also Gnide, § 32. 

For $5.00. — Tliomas M. Cooley, General Prin<-ij)les of ('onstitn- 
tional Law in the United States, 2d ed. (1891) ; IL Von Hoist, The 
Constitntional Lmw of the United States, Mason's ti'anslation (1887) ; 
American History Jjcaflets, Nos. 4, 5, G, 8, 11. 12, 15, 17, 18, 20, 
23, 24. 

For $25.00. — The foregoing works and also: James B. Thayer, 
Cases on Constitution cd Imic, with Notes, 2 vols., 4 parts (1895) ; 
Joseph Stoi'v, Cotnmentaries on the Constitution of the United States, 
3 vols, (later eds. in 2 vols. The fourth edition, Thomas ]\L Cooley's, 
is the best). 

Additional treatises and constitutional authoiities may be found 
in §§ 13, 40. 



1 S MATERIALS. [SECTS. 

g II. Small descriptive libraries. For GovoiniiK'iit 12 uml uiiv 
of the descriptive courses the followiiitj; books will be useful iu addi- 
tioH to the text books : 

For $5.00. — vSiniou Sterne, (h)i.stiti(tio)ial Ili.sfor;/ (nul Political 
Development of the I'liiicd States (revision of l.ss;)) ; .Judsou S. 
Landon, ConstHutiontd Ilistonj (did Govennnent of tlic United States 
(1889) ; Thomas M. C'ooley, Genend Principles of Constitutional 
Law in the United Stuic.i of America (IS'.H ). 

For $10.00. — The books enumerated above and ^V. Lawrence 
Lowell, Essays on Gorernment (1880) ; L. A. Hinsdale, Tlte Amer- 
ican Government, Xaiional and State (-Id ed. IS!);")); .John Fiske, 
Civil Government in the United States (1892) ; F. lioutmy. Studies 
in Constitutional Law (1891). 

For $25.00. — The works above enumerated and A. de Tocqueville, 
Democracy in America, 2 vols., Bowen's translation (1835, 1840) ; 
.1. W. Crane and Bernard Moses, Politics (1889) ; A. V. Dicey, In- 
troduction to the Study of the Lair (f tlie Constitution (1889) ; H. C. 
Lodge, Historical and Politiccd Essays (1892) ; Theodore Roosevelt, 
Essays on Practical l\)litics (1888) ; Woodrow Wilson, Congressioncd 
Government (1885) ; .1. I^\ .lameson, lufrodnction to the Study of the 
Constitutional and Politiccd History of the States (l^^il) ; IL Hitch- 
cock, American State Constitutions (1.S87); Albert Bushnell Hart, 
J*ractical Essays on American Government (1,S9;}). 

§ 12. Historical books desirable to own. Students will find it 
n pleasure as well as an a(lvantn;j,e to beiiin to form libraries while 
iu college. Some guidance in the selection of books in American 
history may be found in Chanuhig and Hart, Guide to the Study of 
American History, H ;5<S, 39; and classified lists of the principal 
Avorks, botii secondary and sources, will be found in the same book, 
i;§ 15-3(;. 

§ 13. Descriptive books desirable to own. Besides the special 
books and ai tick's enumerated iu 55 ■");>, the following general works 
may be mentioned. 

S5 13a. Accounts and discussions. 

F. Uoutmv: E'udes de Droit Constitutionel (1885). (Also in a 
translation by Dicey, as Studies in Constitutional Imic, 1891). 

-lames Bryce : The American Commonwealth, 2 vols. (3d revised 
edition, l.S9;)-95). 

John V,'. Burgess : Political Science and Comjiaratwe Constitutional 
Law, 2 vols. 

Edward C'hanning : 7'ou-n and County Governmeut in the English 
( 'loonies (f Ji'orth ^luicrini (l.S.si). 



ll-13b.] DESCKIl'TIVE AVORKS. 19 

Alfred R. Couklino- : City Government in the United States (1893). 
.1. AW Crane and Bernard Moses : Politics — an Introduction to the 
Study of Contparatice Constitutional Laiv (1883). 

A. V. Dicey : Introdnction to the Study of the Law of the Consti- 
tution (1889). 

John Fiske : Civil Government in the United States (1892). 

Worthington C. Ford : A^nerican Citize^i's Manual (two parts 
boiuid together, 1886). 

Frank J. Goodnow : Comparative Administrative Law, 2 vols. 
(1893). 

Albert Bushnell Hart : Practical Essays on American Government 
(1893). 

Albert Bushnell Hart : An Litroduction to the Study of Federal 
Gorernment (1891). Harvard Historical Monographs, No. 2. 

B. A. Hinsdale : The American Government, National and State 
(2d edition, 1895). 

Henry Cabot Lodge : Historical and Political Essays (1892). 

A. Lawrence Lowell: Essays on Government (1889). 

Henry Sumner Maine: Popular Government: four essays (1885). 

Edward C. Mason: The Veto Power (1890). Harvard Historical 
Monographs No. 1. 

Elisha Mulford : The Nation ; The Fou)idatio)t (f Ciril Order and 
Political IJfe in the United Stales (1871.) 

Theodoie Roosevelt : Essays on Practical Politics (1888). 

Albert Stickney : TJenwcratic Government (1885). 

C. O. Tiedeman ; The Unwritten Constitution of the United States 
(1890). 

Alexis de Tocqueville : Democracy in America, 2 vols. (18:55, 
1840.) Of the three editions in English, Bowen's is the best. 

Woodrow Wilson: Conr/ressional Government (1885). 

Woodrow AVilson : The State ; Elements of Historical and Practiced 
Politics (1889). (§§ 832-1120, on national and state government 
in the Ignited States, are reprinted separatel}' as a text-book.) 

§ 13b. Constitutional treatises. 

W. O. Bateman : Political and Constitutional Law <f the United 
States (1876). 

P. C. Centz (pseudonym foi- U. .). Sage): The Ii(-j)/d)Iii- of 
Republics (1881). 

Thoir.as M. Cooley : General l^rinciplcs of Coustilu'ioual Law 
(revised edition, 1 89 1 ) . 

Thomas ^l. Cooley: Treatise on Consfitufioual Limitations (l.S().s, 
and latt'r editions). 



20 MATERIALS. [SECTS. I3b-16. 

W. A. Duer : Cotirse of Lectures on the ConstitutioiKiJ Jurispru- 
dence of the United States (1856). 

J. I. C. Hare : American Constitutional Late, 2 vols. (1891). 

JohnC. ITurd : The Theory of our National Existence (1881). 

John C. Ilurcl : The Union State. 

James Kent: Commentaries on American Law (1826—1830 mikI 
many subsequent editions). 

J. King : A Commentary on the Law and true Construction of thi' 
Constitution (1871). 

J. J. Lalor : Cyclopaedia of Political Science, 3 vols. (1881—1884). 

Samuel F. Miller: Lectures on the Constitution of the United States 
(1891). 

John Ordronaux : Constitutional Legislation in tlic United States 
(1891). 

John N. Pomeroy : Litroduction to the Constifufion<(l Law of the 
United States (1868 and subsequent editions). 

Charles C. Soule : The I^awyer's Reference Manual (1883). 

Joseph Story : Commentaries on the Constitution of the United 
States, 3 vols. (1834). Of the five editions Cooley's is the best. 

Joel Tiffany : Treatise on Government and Constitutional Law 
(1867). 

Hennanii \'()U Hoist: The Constitutional Law of the United States 
(Mason's translation, 1887). 

Timothy Walker: Litroduction. to Anwricdn Law (ISol . Nintli 
edition 1887). 

Francis AVharton : Commentaries on Jjato (1884). 



IIL 
LECTURES. 

§ 14. Character of the lectures. The historical lectures are 
not intended to form a continuous narrative, or to present detailed 
statements of facts, except in cases where information in books is 
scanty or inaccessible ; they are intended to show the relations be- 
tween facts, to point out causes and effects, and to develop principles 
(§§ 1, 2, 5). Every student will be expected to take his own notes, 
and to supply facts from his reading. The lectures will be illustrated 
by special maps and charts. The lecturer will always welcome 
requests for a clearer statement of any point, or for the treatment 
of omitted subjects. The topics proposed to be taken up in each 
lecture may be seen below (§§ 21-24, 26). 

The general use of historical lectures -is discussed in the Guide to 
the Study of American History^ § 61. 

In the descriptive courses the lectures are indispensable to an un- 
derstanding of the subject, since they are based upon material little 
accessible in books, and contain much illustration taken from 'the 
current practice of government in the United States (§§ 1, 2, 5). 
The lectures will be illustrated by maps and charts. Lists will be 
found below (§§ 23, 25, 27). 

§ 15. Attendance. Since the lectures in the narrative and de- 
scriptive courses are intended to group facts and to show relations not 
brought out by single books, to make up a lost lecture by using 
books is often impossible. Absence, therefore, beyond what might 
naturally be caused by sickness and otlier accidental reasons, creates 
a presumption that a student is not doing the work of the course ; 
and absence on the days when papers are called for is likely to cause 
the student to be held for hour examinations (>?§ 112, 114). 

§ 16. Principles of note-taking. p:vory student will find it to 
his advantage to take careful notes of the lectures and from authori- 
ties : the practice trains the mind to condense and to grasp principles ; 
and the note-l)ook should cement the parts of the eoui-se together, and 
should receive additions from the reading. The following sugges- 
tions may be found useful: See also Guide, §§ 22, 23. 

21 



22 LECTURES. [SECTS. 

1. Have a regular syntem. 

2. If you have worked out a system of your o>c» which satisfies 
you, do uot change it. 

3. tShorthand is not a great convenience, unless tlie notes are 
afterwards put into a form which may be read by any one. 

4. A sj^stem of recognizable abbreviations is desirable. 

5. Take notes all the ti)ne during lectures. 

6. A word-for-word reproduction of what you hear or read is nuich 
less valuable to you than your own condensed form ^ embodying th«' 
lecturer's ideas. 

7. Distinguish in your own mind the heads of the lecture, or the 
analysis of the books as it proceeds, and paragraph your notes 
accordinglj'. 

8. Aim to set down the substance of yenercd statements, in your 
own words, rather than to note a part of each sentence. 

9. Practice getting the exact vords of significant i)hraseK or 
quotations. 

10. If you miss something important, ask to have it repeated. 

11. If you lose a lectnre, fiU y/) the /V^o* A" immediately, from llie 
note-book of a fellow student. 

12. After each lecture, go over your notes, and clearly indicate 
the heads : (a) by catch words in the margin ; or (Ij) ])y underlining 
words (as shown in the italicised words of this paragraph). 

15. Once a week review the notes taken since the previous 
review. 

14. Make out a brief table (f contents, as you go along, referring 
to pages of your note-book. 

§ 17. Suggestions for taking lecture notes. For courses in 
any sul)jeet, made up chiefly of lectures with parallel readings, the 
following specific system is recommended : 

1. Use a note-book, or, better, loose sheets of note paper, ruled in 
three vertical columns : a narrow one next to the outer edge : about 
one-half of the width in a middle column : about one-third in an 
inner column. Let there be a broad horizontal line an inch or more 
from the top. 

2. Enter your notes in the middle column; dates and headings (if 
desired in tlie outer column. 

.3. Do not reicrite the notes taken in class. 

4. Enter abstracts or quotations from your later readinxjs in the 
inner column, each opposite the passage in the notes which it is meant 
to illustrate. 



16-19.] NOTE-TAKING, GEOGRAPHY. 2o 

5. Across the top of the page write a naming Jieading iu two, 
three, or four members, summarizing the matter on the page ; e. (/. 
" Methods : — Lectures : — Note-taking." 

6. Begin to wiite on tlie right side of tlie opened book and bcr/hi 
each distinct general head on a new leaf. 

7. Each leaf being thus complete in itself may at any time be de- 
tached and used in another connection ; or others may be interleaved 
without disturbing the logical connection. 

8. Copy or reproduce tables, diagrams, or mai^s before the suc- 
ceeding lecture. 

§ 1 8. Historical geography. An essential part of the work iu 
all the courses, particularly iu the narrative courses, will be a study 
of the historical geography of the United States : this will include a 
sketch of the physical characteristics of the country and their influ- 
ence on its history ; a general knowledge of the territorial growth of 
the United States, and of its more important subdivisions ; and 
especially an understanding of the relations between the slavery 
question and historical geography. The data will be furnished iu 
lectures, illustrated by maps ; and in special maps reproduced and 
distributed, or copied by students upon blank outlines. The things 
to be remembered are few and simple ; but they are very important, 
and no student will be passed in any of the courses if he fails on the 
geographical questions in the examinations. (§§ 5, 18, 110-119.) 

Students should furnish themselves with a few copies of the desk 
outline map of the United States, published by Ginn & Co., and 
should take rough copies of the more important maps used for illus- 
tration in class. 

In the brief courses the geograpliy will be largely illustrative only. 

In the Summer Coui'se the geography will be substantially the same 
as in History 13, but will be thrown into consecutive lectures. 

For the teachers' course particular pains will be taken with the 
historical geography as a suggestion for later work in schools. 

In History 13 the instructor usually I'e views the geographical 
questions in an extra lecture at the end of each half-year. 

In Government 12 the geography will come principally at tlie 
beginning of eacli half-year. 

§ 19. Useful geographical works. The authorities on the his- 
torical geography of the United States are enumerated and described 
in the Guide to the Study of American History (§21). Labberton, 
Historical Atlas contains some historical maps, not entirely accu- 
rate; they have been republished, with corrections and addition^, 
in MacCoun, Historical Geograjyhy of the United States. 



24 LECTlliKS. [SECTS. 

The historical maps in iSeribner's American History Series and the 
Loujiman's Epochs of Avierican History may also be found useful. 
The latter have been republished in a little atlas. Epoch Maps iJJn.s- 
trating American History, 14 maps, 1.S92. 

An excellent wall nnip of the United States, well mounted, may be 
had for Si. 25, post-paid, on application by letter addressed to tiie 
Commissioner of ]*iilijic Lands. Washington, D. C. 

§ 20. Arrangement of lectures. In the historical courses, since 
the courses are devoted rather to developing the elements ^\ hich un- 
derlie and account for the historical events than to descril in<2j tlie 
events in their sequence, the lectures taken together do not nnywlu'rc 
form a complete narrative. Nevertheless the course of ninety 
lectures (§§ 25, 27) is intended to include the whole field, though 
many details maj' be omitted. 

The briefer courses of descriptive lectures are also rather selections 
of typical subjects than parts of a complete series. The more elaborate 
courses in government (§§ 26 and 28) are intended to cover the ground 
of American govei-nment in systematic form. In Channing and Hart, 
Guide to the /Stncly of American History, § 7, will be found lists of 
exercises including both Colonial and United States History. 

§ 21. List of ten historical lectures. — History of the United 
States from 1789 to 1861. 

1. (17Hl)j The land and the people: §§ :>2a, 32b, 8(io ; 

Guide, §5^ 7.s-,S(), 144, 145, isi. 

2. (1789-1793) Organization under the new Constitution: ;?>; 

32c, SGb; Guide, §§ 157-160. 

3. (1793-1801) The Federalist system of government: {$ 32'-: 

Guide, §§ 161-166. 

4. (1801-1811) Tl)e Democratic-Republican system of govern- 

ment: ^ 32c; Guide, §§ 167-172. 

5. (1811-1819) The development of national consciousness: 

§ 32c; Guide, §§ 173-175. 

6. (1820-1829) Political development : § 32c ; Guid<\ ii^ \li\- 

180. 

7. (1829-1840) Slavery (juestions : ^§32r?, 55; Gnid,', i^i \H1- 

191. 

8. (1840-1850) Territorial slavery: ;?§ 32f/, 36/; (inid(\ 

§§ 195, 19H. 

9. (1850-1860) The irrepressible conflict: |> 32r/ ; (hdde, 

§§ 199-204. 
10. (1860-1861) The causes of the Civil War: ^ 32c; Guide, 
ii 205-2()S. 



l^-2ii.j lUMEF r(>rHsp:s. 25 

§22. List of ten descriptive lectures. — Phases of national 
government. 

1. Romaiici' of American historical geograph}' : § 36t. 

2. The American people : §34. 

.3. American political inventions : § 36c. 

4. American federal government : § 36f7. 

'). Biography of an act of Congress : § 36/. 

6. Cabinets and cabinet-makers : § S6g. 

7. The courts and the laws : § 367?. 
H. Uncle Sam's farm: § 36/. 

9. Tariff machinery : § ;)67i-. 
10. (lovernment :ind trnns])ortation : § 36/. 

§ 23. List of twenty-four historical and descriptive lectures. 
— Elements of American history. 

[This list will be followed in tlu' SuniiiuT School course. The second 
refeicnces are to ('h;:iinin_u' and Hart, (Jiiide to the Study of American 

lli^inry.^ 

1 . The litenitnre of American history and how to find it : §§ 6-12, 

33-36; Guide, §§ 15-25. 

2. The mnterials of American history and how to use them : 

§§ 6-13; Guide, §§ 26-35. 

3. The physical geography of North America and its connection 

with history : § 11); Guide, § 7(S. 

4. (1 4H 2 -LSD 7) The political geography of North America: 

Guide, § 79. 

5. (1 775-1 «97) The political geography of the ITnited States: 

Guide, §§ 150, 194. 

(). (1607-1.S97) The people of the United States : Guide, i^ \a:,. 

7. (1607-1775) The principles of Colonial government: §42; 
Guide, § 147. 

«. (1637-1 7.S9) The origin and development of federal govern- 
ment in America : § 43 ; Guide, ^^ 124, 142, 
149, 154-156. 

9. (17S<.)-l,S(;i ) Tile question of State sovereignly: §S 3."), 
46, 57, Q>(\ \ Guide, § 156. 

10. (1 7.s<.)-l>i'.l7 I The development of popular government : § 33c ; 

Guide, §§ 160, 177, isi, 1S2. 

11. (1789-1897) The development of parties and political ma- 

chinery: § 33c; Guide, § 160. 

12. (1789-1 8;)7) Conduct of public business, especially in Con- 

gress: § ;'>3/: Guide. ^ 157. 



26 

13. (17.S'.I-1S'.» 

14. (1789-189 
1.'). (1789-189 
l»i. (178;>-189 

17. (1789-189 

18. (1 789-1 8<.l 
i;). (17.S9-1.S9 
20. (1789-189 



LKCni.'KS 



7) The civil scivict' : Ji^ 3of/, .")(); (Ttddr, <?>? l.')7. 

1(57, 1.S2. 
7) The wars of the ruited States: {J-? IM'un, OS; 

Gui(h% §5^ k;!, 17;), 19G, 209. 
7) Diplomacy of the liiited States: § .'5;)///, .').'>; 

Guide, H 1<")2, KM, 108, 179, 194, 212. 
7) Naticiial l)aiiks: § 337r, 48; GnUlc. H 1 ;') 1 . 

ir).s, l,s;5. IS,-), 197,,211. 
7) Public lands : 5? ."..■5/; Guide, ^jj ]')S. \7^>. is;;. 

18;-), 197, 211. 
7) Iiiti'i'iial iiii[)i()veiiients : ;^>j '.)'.], '>:) : diiidt', 

55§ 17o, 18(). 
7) The tariff and its administration : § '.V.\h\ 4s ; . 

Guide, i^ l.-)S, 17.'), ]S4, 19 7, 211. 
7) The Indian ((uestion : Guide, S§ !•">*•, 18(). 
21. (1830-18()1) The institntion of slavery : § 60 ; Gvide, §^ 148, 

187, 188. 
•2-2. (1775-1861) Anti-slavery aoitation : Guide, §4j l.-)2, 178, 

187-189. 

23. (1835— 1860) The political contest over slavery : Guide, 

§§ 190, 1!)1, 195, 198, 200, 201, 204, 210. 

24. (1865—1873) The eleir.ents of reconstruction : §69; Guide, 

H 215, 216. 

§ 24. List of thirty historical lectures. — History of America. 

[This list is suitable for a teachers' course. 'I'lie second references iir<' to 
Channing and Hart, Guide to the Study of American History. ~\ 

1. The materials of American histor}' and how to lind and use 

them: Guide, §§ 15-36. 

2. The physical geograi)hy of the United States and its conn«(tion 

with history : Guide, § 78. 

3. The colonizing nations : Guide, §§ 86, 88, 93. 

4. (1492-1783) Political oeography of the Colonies: Guide, 

Part II. 

5. (1607-1775) Characteristics of the Southern Colonics: 

Guide, §§ 97-103. 

6. (1620-1775) Characteristics of the New England Colonies: 

Guide, §§ 109-130. 

7. (1658-1775) Characteristics of the Middle Colonies : (iuide, 

§§ 104-108. 

8. (1607-1775) Indian and inter-colonial wars : (ruide, §§126, 

131. 132. 



2:5-24.] SHORT LISTS. 27 

9. (1607-1775) Development of popular institutions: Guide, 
§ lol. 

10. (1607-1775) Colonial governments : §42; Guide, ^ 147. 

11. (1688-1775) Causes of the Revolution: Guide, §§133, 

135. 

12. (1775-1783) Characteristics of the Revolution: Guide, 

%% 136-141. 

13. (1775-1783) Development of national government : Guide, 

i% 142, 143. 

14. (1781-1788) Characteristics of the Confederation period: 

§ 44; Guide, §§ 149, 153. 

15. (1786-1790) Adoption of the Constitution: § 45; Guide, 

§§ 154-156. 

16. (1775-1895) Geography of the United States: Guide, 

§§ 150, 194. 

17. (1789-1895) Framework of the Federal government : Guide, 

§ 157. 

18. (1789-1861) National finances: § 49; Gtdde, §§ 151, 158, 

175, 183-186, 197. 

19. (1793-1812) Nentral trade and foreign complications : Guide, 

§§ 162, 170, 172. 

20. (1793-1895) Growth of democratic government: Guide, 

§§ 147, 181, 205. 

21. (1812-1825) Characteristics of the war of 1812, and the 

subsequent reorganization: Guide, §§ 173— 
179. 

22. (1619-1861) The slavery question: §60; Guide, §§148, 

152, 161, 178, 187, 188, 199. 

23. (1624-1861) Abolition: (^Mic/e, §§ 189-191. 

24. (1844-1861) The territories and slavery: Guide, §§198, 

200, 204. 

25. (1820-1861) Causes of the Civil War: Guide, §§205- 

208. 

26. (1861-1865) Characteristics of the Civil War: Guide, 

§§ 209-211. 

27. (1864-1873) Characteristics of the Reconstruction period: 

§ 69; Guide, §§ 215-217. 

28. (1820-1895) Development of the West. 

29. (1829-1895) Intellectual and religious development of the 

nation . 

30. (1861-1895) National finances : Guide, % 241. 



'2^ LECTURES. [SECTS. 

§25. List of sixty descriptive lectures. — American govern- 
ment, national, State, and local. 

[This is the list for Government 12 (§{? 1,2), when conducted as a two hour 
course. From the titles references will be made to the instructor's Outline of 
American Governmeni, when prepared.] 

lOUM (»K (JOVKHNMENT. 

§ 25a. Basis of American government. [§§ 33a, 42-46, 84, 97.] 

1. Methods and authorities. 

2. Physical conditions and their effect on government. 

3. The people and their capacity for government. 

§ 25b. Fundamental rights. [§§ 33c, 65, 84c, 99.] 

4. Political inheritance of the Americans. 

o. Citizenship, status, acquirement and loss. 

6. Rights of citizens. 

7. Duties of citizens. 

§ 25c. Political methods. [§§ 33o, 100.] 

•S. The suffrage. 

9. Political and party machinery, 

10. The electoral system. 

1 1 . Formation of constitutions. 

12. System of limitations on government. 

13. Division of government between the nation. States, and local 

governments. 

§25d. The States. [§§ 33e, 43, 57, 62, 66, 84e, 101.] 

14. Colonial government as a precedent. 

15. The States as members of the Union. 

16. State constitutions and their formation. 
1 7. State legislatures. 

1«. The State executive and judiciary. 

.i; 25e. Local government, [ij)? 33/, 84/, 102.] 

19. Colonial precedents. 

20. Towns and townships. 

21. The counties. 

22. The cities. 

23. Problems of city government. 

!:; 25f. The national government. [§§ 33(/-33?:, il , 56, 67, 
«4.7-S4/, 103-105.] 

24. Congress in general. 

25. The Senate and House of Representatives. 



25-25].] DESCRIPTIVE. 29 

2G. The committee system. 

27. Legislative procedure. 

28. The President of the United States. 

29. Executive departments and executive business. 

30. The civil service. 

31. The national courts. 

32. Political functions of the courts. 

FL'XCTION.S OK (iOVERXMENT. 

§ 25g. Territorial powers. [§§ 33t, 51, (53, 64, 84j, 106.] 

33. The acquirement of territory. 

34. Exclusive control of national territory. 

35. Internal boundaries, and admission of states. 

36. The Indians. 

37. Public lands. 

§ 25h. Financial powers. [§§ 33/, 49, 59, 84j, 107.] 

38. The budget; public property and accounts. 

39. Taxation in general. 

40. Administration of the customs. 

41. Appropriations and expenditure. 

42. Public debts. 

§ 25i. Commercial powers. [§§ 33Z-, 52, 53, 84A-, 108.] 

43. General principles of the control of commerce. 

44. Immigration. 

45. Railroad and other land transportation. 

46. Shipping and other water transportation. 

47. Post Office and telegraph. 

48. Internal improvements. 

49. Regulation of business; corporations and monopolies. 

50. Coinage, currency, and banking. 

§ 25 j. Foreign and war powers. [§§ 33/, 55, ()8, 84/, 109, 
110.] 

51. Foreign representation and negotiation. 

52. The treat}' power. 

53. Declaring and carrying on war. 

54. The army. 

55. The navy. 

56. Pensions. 



30 LKnritKs. [sixrs. 

§ 25k. Miscellaneous powers. [S?) :^:lm, //, .')S, 70, H4m, 111.] 

i')7 . Prest'i'vatiou of oi'dcr. 

.").S. J^diication. 

;")!). Religion. 

(id. The police power. 

§ 26. List of ninety historical lectures. — Political and Con- 
stitutional History of the United States, 1781-1867. 

[Tliis is tlie list for History 13. as at ])rc\-c'iit condiu'tcil. The si'fond refer- 
ences arc to ('haniiin<i- an i Hart, (iiiide io ilie Stiidtj of American History. '\ 

KlUSt llALF-VKAi;. I 1 7S 1 -J <S21) . ) 

S 26a. Elements of United States History. [Guide, § oGa,] 

1. Aims and nictliods of the course: ?;§ 1-5, 14, 18, 20, 28, 

;?5, 71, 112.] 

2. .Viithorities and how to use them : v?§ 6-13 ; Guide, §§ 15-35. 

3. (U*>2-l.s'.l7) Tlie territory of the United States: Guide, 

§ 7!t, 150, 1!)4. 
W('<'khi ii(ijt<n\ Xo. 1 : Use of ro)t,stitutionaI authorities: 
^S H'. 11. .s;5. 

4. (l(10(i-l.S!»2i The people of the United States: Guide, 

i 145. 

5. (1442-1775) Inhi'ritance of Knglish political iiistitiilious : 

(iiiidc, § 1 Hi. 
(i. ( KiOli-l 775 ) I'hc Colonial system of goveiiiment : Guide, 
^ 147. 
Wcckhi iHijicr^ Xo. 2 : Colonial (jorernmeu' : >j 42. 

.] 26b. (1750-1789) Genesis of the Constitution. [?; 336; 
Guide, § 5()/j.] 

.S. (175()-17n1) Spirit of miion : Guide, § lot), 

'.I. (1750-17.S3) Si)irit of independence : Guide, ^ 136. 

Weekhi paper. No. 8: lathe Union older than the States/ 
§ 43; Guid<\ ^ 142. 

10. (177()-17H1) Formation of the Articles of Confederation: 

Guide, § 142. 

11. (17.S1-1S02) Territorial questions : G^wjc^c, {?«} 150, 1(>] . 

12. (1781-1 (''^i)) Finances of the Confederation : Guide, ^\7)\. 

Weeklfj paper. No. 4 : Powers of the Confederation : ^ 4i. 

13. (17.si-17.S8) Disturbances within the States : Guide, ^ liiL 

14. (1 772-! 7'.M' ) S'aveiT (iiu'slions : (ruide, § 152. 



25k-2(5c.] UXITEU 8TATi:s, 1 T.'.O-INO 1 . 31 

15. (1785-1 7>i 7; Foreign relations and failure of the Confeder- 

ation : Guide, § 153. 

WeoK-hi paper, No. 5: Constitution^ making and amend- 
ment: § 45. 

16. (17-S(!-17<S7) The Federal Convention : Guide, § 154. 

17. (177'S-170O) The ratification of the Constitution: Gxdde, 

§ 155. 
IS. (17.s;»-l.s(;i) State rights and national theories of the 

Constitution : Guide, § 156. 
Weeki'i j>(ijK'i\ No. 0: ll'c/x ///p Constitution a compact? 

§46. 
lit. (1781>) Social, economic, and political condition of 

1 he United States: Guide, § 157. 

§ 26c. (1789-1801) Organization of the Government. \^Guide, 

§ 56r.] 

20. (17.S1)-1HI>3) Oganization of Congress : (ruide, % Ibl. 

21. (1789-lS9o) Organization of the executive : Guide, § 157. 

WeeMji paper, Xo. 7 : Doctrine of the separation of 
poivers : § 47. 

22. (178tt-lH()2) Organization of the judiciary : Guide, §157. 

23. (17.s;)-171)o) Organization of a financial system ; revenue, 

taxation, expenditure, and debt : Guide, §158. 

24. (17S'.l-l'S()l ) Organization of a commercial system ; external 

and internal regulation, shipping and protec- 
tion : Guide, § 15<S. 
WeeJi'J)/ pdjwr. No. 8: Protectio)i : § 4.s. 

25. (17Si»-lsil) The National Bank; impUed and resulting 

powers: Guide, § 159. 
2(). (1 787-1 SO-S) National questions relating to slavery : Guide, 
§ 161. 

27. (17M'.l-17'.»5) Development of political parties : Guide, >J16(). 

WeeMji pajwr. No. !> : Implied poirers : § 49. 

28. (179;>-17'.»7) "Washington's foreign policy: Guide, H 162, 

Kio. 

29. (1797-lSOl) Adams's administration; downfall of the 

Federahsts : Guide, jj 1(14, 166. 

30. (179.s-l,S()Oj \'iiginia and Kentucky Kesolutions : Guide, 

>j 165. 
Wf'<-lhi pdjicr. No. 10: Remedy fir usurpation />// tlie 
federal government : § 50. 



32 LECTUREiS. [SECTS. 

§ 26d. (1801-1817) Foreign complications. [Guide, § wOe.] 

31. (1801-1809) Personal elements of .Jefferson's aclminstra- 

tion : Guide, § 1()7. 

32. (1801-1«09) Jefferson's policj'; the civil serviee and the 

judiciary: Guide, § 167. 

33. (1800-1.S()3) Annexation of Louisiana : Cr /</>/<% {^ 168. 

Weekly paper, No. 11: Annexation of territory : § 51. 

34. (1805-1 «09) Opposition to the administration; the Bun- 

conspiracy: Guide, § 169. 

35. (1803-1809) Neutral trade and the embargo : (/uide, § 170, 

171. 

36. (1809-1812) Causes of the War of 1812 : (ruide, § 172. 

Weekly paper, No. 12 : Poiver to regulate comuierce : § 52. 

37. (1812-1815) The War of 1812 : Guide, § 173. 

38. (1811-1H75) Opposition to the war in New Enoland ; the 

Hartford Convention : Guide, >j 174. 

§ 26e. (1815-1829) Growth of national sentiment, [(ruide, 
§ 56.] 

39. (1815—1^17) Financial and commercial reorganization : 

Guide. ^ 175. 

Weekly paper, No. 18: luternal improvements : § 53. 

40. (1800-1830) ReHgious and philanthropic movement : Guide, 

§ 175. 

41. (1819-1821) The Missouri Compromise : Guide, ^ \1H. 

42. (1703-1825) The great constitutional decisions: Guide, 

§ 176. 
Weekly jKiper, No. 14: luijHii riueul nf coidrnrt.^ : {? .">4 . 

43. (1808-1823) The Monroe Doctrine : Guide, ^ \1\). 

44. (1824-1829) Administration of John (^uincy A(hiiiis : 

Guide, § 180. 

45. (1828-1829) Jackson's accession : Gulilr, ^ \H2. 

Weekly jiajier, No. 15: l)deruati(>ii(d o/ilii/ofioiis : ^ 55. 

SKCONO HALF-YEAK. (1 .S2'.>- 1 NC)7. ) 

§ 26f . (1829-1841) Administrative and economic questions. 
\_Guide, § 5().] 

46. (1829) Social, economic, and political condition of 

the United States : Guidi-, i^ LSI. 

47. (1829-1837) Personal elements of Jackson's administra- 

tion : Guide, {? lS-2. 



26d-2(;h.] UNITED STATES, I.S01-1S48. 33 

48. (1817-18;K3) The civil service : Guide, S^ 1S2. 

WeeMy paper, No. 16: Appointments and removals : § 56. 

49. (1829-1833) Jackson's war with the United States Bank: 

Guide, >? 188. 

50. (1819-1832) Tariff legislation : Guide, ^ 1><A. 

51. (1828-1833) Nullification and compromise : Guide, § ISA. 

Weekly paper. No. 17: Nullification: § 57. 

52. (1 789-1893) The Indian policy of the United States : Guide, 

§ 18(3. 

53. (1827-1893) Internal improvements : Guide, § 186. 

54. (1789-1893) The publiclands : Guide, § ISi]. 

WeeMy paper, No. 18: General loelfare : § 58. 

55. (^1833-1839) Removal of the deposits : Guide, § 185. 

56. (1832-1839) Distribution of tlu' surplus, and the financial 

crisis : Guide, § 186. 

57. (1829-1837) Foreign relations and review of Jackson's 

administration: Guide, § 182. 
Weekly papier. No. 19: Taxxdiou and surplus revenue: 
§ 59. 

§ 26g. (1829-1850) Elements of the slavery contest. \_Guide, 
§ 10.] 

58. (1829-1861) Negro slavery described : Guide, %\S1. 

59. (1829-1861) Arguments for and against slavery: Guide, 

§ 188. 

60. (1831-1841) The abolition movement : Guide, %\S\). 

Weekly 2)aper, No. 20 : Constitutional and economic status 
of shi rcry : § 60. 

61. (1831-1842) Slavery questions in Congress : Guide, % \^){). 

62. (1820-1850) International and interstate status of slavery: 

Guide, § 191. 

§ 26h. (1841-1853) Territorial questions. [^W//f/f% § 56.] 

Weekly paper. No. 21: Free speech, free jiress, and 
petition in Congress: § 61. 

63. (1840-1844) The Whigs and Tyler : Guide, ^ V.):]. 

64. (1783-1846) Northeastei-n and Northwestern boundniies : 

Guide, § 194. 

65. (1836-1846) Annexation of Texas : Guide, ^ V.):). 

66. (1846-1848) The Mexican War : Guide. ^ ]\){\. 

Weekly paper. No. 22: Ohligafions of the States: ^ 62. 



34 LECTURES. [SECTS. 

67. (1840-184'.)) Struggle over territorial slavery in Congress : 

Guide, § 198. 

68. (1849-1850) The political crisis and compromise of 1850: 

(7*//r/r. S 198. 

§ 26i. (1853-1860) Renewal of the slavery conflict. [Guide, 
§56.] 

69. (1850-1860) Fugitive slaves : Guide, ^^ U)\). 

Weekly paper. No. 23: Extexsioti of Hit' Constitution 
over territory : §63. 

70. (1854 ) Kansas-Nebraska hill : § 64 ; Guide, § 200. 

71. (1854-1S58) The struggle for Kansas : Guide, § 20i. 

72. (1846-1862) The Mormon question : Guide, § 2Q2. 

Weekly paper, No. 24: Popular sovereignty : § 64. 

73. (1854-1860) Rise of the Republican party : Guide, § 203. 

74. (1857-1860) The Dred Scott decision : §65; Guide, %20A. 
lb. (1854-1859) John Brown and the Harper's Ferry insurrec- 
tion ; Guide, § 204. 

Weekly p)ap)er. No. 25: Questions of citizenship: § 65. 

§ 26J. (i860- 1 861) Secession. [Guide, § 56.] 

76. (17.S9-1861) Theory and threats of secession : Guide, §205. 

77. (18;)0-1860) Causes of secession : Guide, ^ 205. 

78. (1860-1861) Progress of secession : Guide, § 206. 

Weekly j)o,per, No. 26: Secession: § 66. 

79. (1860-1861) Attempts to compromise : Guide, ^207. 

80. (1860-1861) Propositions of coercion : Guide, ^207. 

81. (1861 ) The outbreak of the CivilAVar : Guide, ^20H. 

Weekly p(tper, Xo. 27 : Means of executing the laivs: 
§ 67. 

§ 26k. (1861-1869) The Civil War and reconstruction. [Guide, 
§ 56.] 

82. (1.S6 1-1865) Organization of the North : Guide, ^ 20S. 

83. (l.S(;i-l.'-!65) The Southern Confederacy : Guide, § 214:. 

84. (1S61-1865) Abolition of slavery : Guide, ^ 210. 

Weekly jyaper. No. 28 : War powers of the President: § 68. 

85. (1H61-1S65) Habeas Corpus and military government: 

Guide, § 213. 

86. (1863-1865) The Presidential policy of reconstruction: 

Guide, § 215. 



26h-27c.] UNITED STATES, 1.S01-1.S71. 35 

87. (1865-1867) The Congressional policy of reconstruction: 

Guide, § 216. 
Weekly iMper, No. 29: Questions of reconstruction : §69. 

88. (1865-1869) The Fourteentli Amendment : Guide, ^ 2l<o. 

89. (1867-1871) Restoration of the States : (rMic/e, § 216. 

90. (1865-1871) The Fifteenth Amendment: (?Mide, § 217. 

Weekly iKvper, No. 30: The police 2}ov:er : § 70. 

§ 27. List of ninety descriptive lectures. — Government and 
political methods in the United States, national, State and local. 

[This is the list in Government 12, when conducted as a course of three 
lectures a week. References will be made from these titles to paragraphs of 
the instructor's Outline of American Government^ when prepared.] 

I. GENERAL PRINCIPLES OF AMERICAN GOVERNMENT. 

§ 27a. Fundamental theories. [§§ 3o/>, 97.] 

1 . ^Methods ; authorities ; analysis of the subject ; point of view. 

2. Physical conditions and their effect on government. 

3. The people and their character. 

Weekly paper, No. 1: Early immigration. 

4. Principle of popular government. 

5. Principle of division of powers between general and local 

governments. 

6. Principle of distribution of powers among departments of 

government. 
Weekly paper, No. 2: Origin of the American theory of 
government. 

§ 27b. Fundamental rights. [§§ 33j, 84c, 99.] 

7. Personal freedom. 

8. Civil rights. 

9. Political rights. 

Weekly paper. No. 8 : Had the Colonists all the rights of 
Englishmen. 

10. • Obligations of citizens. 

11. Acquirement and loss of citizenship. 

§ 27c. Constitution making. •[§§ 336, 846.] 

12. Principle of limitations on government. 

Weekly jjaper, No. 4: Status of aliens. 

13. Constitutional conventions. 

14. Process of constitutional amendment. 



H() LErnitES. [SECTS. 

§ 27d. Machinery of popular government. [§§ 33r, .S4r/, 
100.] 

ir>. The suffrage. 

Weekly pa2yer, No. 5: LiimtatwHS on flic power to alter 
ro7istih(fions. 

16. Party orgauizatiou and nomiuutiug uiaehinery. 

17. Methods of voting. 
I'S. History of elections. 

WeeMy paper, JVo. : J^thics of bribery, 
r.». ■ The press. 

20. Influence of public opinion. 

II. FOKM OK AMEKICAN GOVERNMENTS. 

§ 276. The Commonwealths. [}?^ 33rf, 84e, loi.] 

21. Colonial government as a precedent. 

Weekly paper, No. 7 : How far American opinion affect.^ 
(jovernment. 

22. History of state constitutions. 

23. States as members of the Union. 

24. State legishitures. 

Weekly paper. No. S : Doctrine i>f secession. 

25. Governors and other state executive ollicers. 

26. State judiciaries. 

27. Functions of the states. 

Weekly paper. No. 9: Defects in state (jorernmevt. 

§ 27f. The localities. [Sf? 33r^ 102.] 

28. Colonial precedents. 

29. Towns and townships and toAvn meetings. 

30. Counties and the county system. 

Weekly paper. No. 10: (Question of local representative 
(jorernmevt . 

31. Mixed systems of local government. 

32. American cities. 

33. History of city government. 

Weekly jHijier. No. II : Foreigners in rities. 

34. Functions of cities. 

35. Problems of municipal reform. 



27d-27j.] GOVERNMENT : PRINCIPLES, STATES. 37 

§ 27g. The national legislature. [§§ 33/, 84/, 103.] 

36. Choice of members; apportionment, gerrymandering, and 

usual term of ser\ice. 
WeeMi I palmer, No. 12: Question of responsible mayors. 

37. Characteristics of the Senate. 

38. Characteristics of the House of Representatives. 

39. The Speaker and other officers. 

Weekly paper, No. 13: Discussion of the Speaker's 
status. 

40. The committee system. 

41. Congress in session. 

42. Preparation of legislation ; influence of the executive. 

Weekly papyer., No. 14: Discussion of the committee 
system. 

43. Debate in Congress. 

44. Procedure on bills. 

45. Legislative activity. 

Weekly paper. No. 15: Methods of relief for Congress. 

§ 27h. The national executive. [§§ 33^/, SAg, 104.] 

46. Election of the president. 

47. The status of the President, and the Cabinet. 

48. Executive departments and executive business. 

Weekly paper. No. 16: The Cabinent and Congress. 

49. The Civil Service and Civil Service Reform. 

50. Administrative functions. 

§ 27i. The National judiciary. [§§ 33^, 84A, 105.] 

51. The United States judges and tlie national courts. 

WeeMy paper., No. 17 : Administrative control. 

52. The judicial powers of the courts. 

53. Political powers of the courts. 

HI. FUNCTIONS OK THE AMEKICAN GOVERNMENTS. 

§27j. Territorial powers. [§§ 33e, 84i, 106.] 

54. Acquirement of territory. 

Weekly paper., No. 18: Delaring acts void. 

55. Boundaries, external and internal. 

56. The national territories and admission of states. 



38 LECTURES. [SECTS. 

57. National and state capitals, parks and reservations. 

Weekly paper, No. 10: Jurisdiction in national build- 
ings. 

58. The Indian question. 

59. The public lands. 

§ 27k. Financial powers. [§§ 33A', 84j, 107.] 

60. Public property and accounts ; public buildings. 

Weekly jmper, iVb. 20: Remedies for the Indian 
question. 

61. Sources of revenue : land and poll taxes. 

62. The history of the tariff. 

63. The administration of the customs. 

Weekly paper, No. 21 : Proper system of valuations. 

64. Excises and other internal revenue taxes. 

65. Appropriations and expenditures. 

66. State, national and local debts. 

Weekly paper, No. 22: Debt limits. 

§ 27I. Commercial powers. [§§ 33^, 84A', 108.] 

67. Coinage, currency and legal tenders. 

68. National and state banks. 

69. The movement of commodities ; exports and imports. 

Weekly paper, No. 23 : National vs. state banks. 

70. Immigration and its regulation. 

71. Railroads and other land transportation. 

72. Shipping and navigation. 

Weekly paper. No. 24: Government railroads. 

73. Internal improvements. 

74. The post-office and telegraph. 

75. Chartering and regulating corporations. 

Weekly paper, No. 25: liegulatinfj trusts. 

76. Bankruptcy, patents, copyrights, weights and measures. 

§ 27m. Foreign powers. [§§ 33w, 84/, 109.] 

77. Foreign representation and negotiation. 

78. The treaty power. 

Weekly paper. No. 26: Reform of the consular system. 

79. Principles of our foreign policy. 



27j-27().] GOVERN^MENT: NATIONAL, FUNCTIONS. 39 

§ 2711. War powers. [§§ 33w, 84??^, 110.] 

80. Declaring and earryiiig on war. 

81. The army and militia. 

Weekly paper. No. 27: Polk i/ of aimexat ions. 

82. The navy. 

83. Pensions. 

§ 270. Police powers and general welfare. [§§ 33n, 84%, 111.] 

84. Manufactures, agriculture and commerce. 

Weel-hi paper. No. 28: A standing navy. 
6b. Education. 

86. Religion. 

87. Health and good morals. 

Weekly 2)aper, No. 29: The liquor question. 

88. Repression of crime. 

89. Public institutions for the delinquent and defective. 

90. Preservation of order and suppression of insurrections. 

Weekly paper, No. 30 : Use of injunctions against rioters. 



IV. 
PARALLEL READING. 

§ 28. Requirement of reading. In all the courses it it; assumed 
that the student is doing regular and systematic reading ; no one can 
expect in an}' other way to follow the lectures, to profit by the 
courses, or to pass the examinations. There is no requirement as to 
the manner in which it shall be done : the student may choose books 
at his discretion and read them according to his judgement (§ 28) ; or, 
if he desire to keep more closely within the limits of the com*se, he 
may read one or more references under each paragraph of the Guide 
as it is taken up in the lectures (§ 32) ; or he may choose groups out 
of the " general readings " given in the Grade (§§ 54-58.) 

The system reconnnended by the instructor is a coml)ination of 
the three methods : a few brief books should be read entire, — the 
Epoch series, and Johnston, American Politics, some of the Ameri- 
can Statesmen series, and Stanwood, Presidential Elections will 
answer ; then the general readings may be used and the student may 
go to special references in the Guide for important and difficult 
points. 

§ 29. Consecutive readings. Vov the students who are willing 
to give most time to the coiiise, perhaps the best method is simply to 
follow out the standard books which most interest them, reading one 
after another and comparing them with each other and with the 
lectures. The books recommended in the small select li])raries (§§ 9, 
10) are the l)est to begin upon ; but the student should also go through 
some contemporary narratives, especially on the slavery question. 
In using this method, which will be most useful in Government 12, 
attention should also be given to the topics upon which the student 
finds himself most uncertain or ignorant when they are touched upon 
in the lectures. 

§ 30. General readings. The difliculty of getting the use of a 
large numljer of books at the same time is such that another method 
of keeping abreast of the courses has been devised, that of " general 
readings." Several lectui-es are thrown together into a period, and 
for each period is arranged a series of groups of associated books, 

40 



SECTS. 2S-;>-J.] (JEXEHAL SICCESTIONS. 41 

or parts of books. Thus in thi' Gnkle, § 56d, will bo found a set of 
readings " for all" and ten groups of references. In connection with 
the '• for all" group, read eitlK^r Group 1 (Lodge, Winsor), or Group 
2 (Ludlow, Lodge), or Group 3, etc. 

The groups aie roughly arranged in an order of preference, but 
there is very little difference in the value of the first half-dozen under 
each period. 

It will be well to use the books in the order in which they are 
printed in the groups, and so to choose thein in successive periods as 
to bring into use a number of volumes. The system is adapted to 
the small reference libraries (§§ 'J-ll). 

§ 31. Topical readings. Arranged in the Guide will be found 
a series of topics covriing in general the field of the lectures. Most 
of them will be taken up in the lectures, although many points will 
be discussed, which are not dii-ectly included in any of these topics. 
An excellent way of following the course is as follows : after each 
lecture, to read up one or more of the references under each sub- 
division of the topic w^hich has been discussed. The references in 
each paragraph are loosely arranged in the order of preference ; Init all 
that are inserted have a value, although they do not always bear 
exactly upon the whole cpiestion stated in the topic. 

The topical readings are most valuable to students who can easily 
hold the thread of the narrative in their minds. One particular 
advantage of the system is that it introduces the student to a large 
number of books. 

§ 32. List of general readings on United States history. For 
the ordinary student, and espe<'ially for students in the brief courses, 
the sununer school courses, and the teachers' courses, it will be four.d 
most convenient to use the elaborate lists of general readings printed 
in the Guide, § i){^. It must be understood that the system lacks 
the advantage gained by search in books to find passages most 
useful for immediate purpose. Such reading must, therefore, be sup- 
plemented by other parts of the Avork which give distinct meaning in 
the selection of material, especially the weekly pai)ers (§ 3(S) and the 
special reports (§ 41). !Many students have the commendable habit 
of keeping ahead of the lectures with their reading, so that they may 
have a basis of fact upon which to apply the lectures as they are 
delivered. But for the student who desires to keep a complete and 
consecutive abstract of his work it will probabl}' be found most 
convenient to take notes on the lectures in a systematic form, 
leaving space to be filled in with an abstract from later collateral 
reading. 



42 PARALLEL KKAI)I.N({. [SECTS. 

§ 33. List of readings on American government. These read- 
ings are not carefully arranged within the groups ; but in general the 
references toward the top in each group arc; the most serviceable. 
A few references appear to some of the jieriodicals most interested in 
questions of practical government. No attempt has been made to 
exhaust pamphlet and peiiodical literature; nor to analyze the 
contents of the Constitutional treatises (List in §§ 13, 14), in which 
there is often discussion of goveinmcut in practice. On any of tlic 
topics below, additional and detailed material may be found through 
Bowker and lies. Reader's Guide ; W. F. Poole, Index to Pen'odicals, 
and S7i2:)2>lemeiifs : .loiics, fnde.r to Legal Pen'odiral.s : Fletcher, -4. 
L. A. Index. 

§ 33a. The general principles of American government. 

Woodrow Wilson, The State, §§ l-'JCT ; T. 1). AVoolsey, Political 
Science, part II ; John W. Burgess, Political Science, part II, book 
III; H. Von Hoist, Constitutional Late, §§7-19; James Bryce, 
American CommonwealtJi, vhs. i, ii, iv, xxv-xxxv ; A. L.Lowell, 
Essays on Government, nos. i-iv ; C. G. Tiedeman, The Unwritten 
Constitution ; Henry Sunnier Maine, Popidar Government, especially 
ch. i, ii ; Crane and Moses, Politics: an Introduction to the Study of 
Comparative Constitutional Laic; A. V. Dicey, Lectures introductory 
to a Study of the Law of the Constitution, especially Lectures i, iii, 
iv ; B. A. Hinsdale, The American Government, Introduction; 
Thomas M. Cooley, General Principles of Constitutional Law, chs. ii, 
iii, vii; J. K. Hosnier, Anglo-Saxon Freedom, chs. xv, xvii-xix ; 
Worthington C. Ford, American Citizens' Manual, part I, ch. i. 

§ 33b. Genesis of American government. 

II. >'on Hoist, Constifulional Law, §§ l-G ; AVoodrow Wilson, The 
State, §§ 832-884; Hannis 'I\iylor, Origin and Groivth of the English 
Constitution, Introduction; B. A. Hinsdale, American Government, 
part I ; James Bryce, American Commonwealth, eh. iii ; E. Boutmy, 
Stttdies in Constitutional Law, part II ; James II. Robinson, Origi- 
nal Features in the United Sl<des Constitution, (Annals American 
Academy of Political and Social Science, I) ; John Fiske, Civil Gov- 
ernment, chs. i-vii, viii, § 1 ; AV. C. Mowry, Genesis of a Written 
Constitution, (Annals American Academy of Political and Social 
Science, II); J. W. Burgess, Political Science, part I, book III, 
ch. ii; H. S. Maine, Popular Government, ch. iv ; Auguste Carlier, 
La R^publixpie Americaine, II; livre III; John F. Baker, Tlie 
Federal Constitution; J. F, Jameson, Essays on the Const itidional 
History of the United States; J. J. Lalor, Cyclopaedia of Political 
Science, articles on Confederation, Convention of 17S7. New England 



33-33c.] GOVERNjVIENT : PRINCIPLES AND METHODS, 43 

Confederation, Stamp Act Congress ; Thomas M. Cooley, General 
Principles of Constitutional Lato^ ch. i ; H. L. Osgood, Political Ideas 
of the Puritans, (Political Science Quarterly, VI) ; Douglas Campbell, 
Origin of American Institutions, (Papers American Historical Associ- 
ation, V.) 

§ 33c. American political methods. 

J.J. Lalor, Cyclopaedia of Political Science, articles on Assessments, 
Ballot, Bill, Bill of Rights, Burgesses, Caucus (Congressional), Cau- 
cus System, Checks and Balances, Civil Service Reform, Corruption 
in Politics, Credit Mobilier, Democracy (Representative), Disputed 
Elections, Electors, Gerrymander, Instructions, Lobby, Nominating 
Conventions, Office Holders, Party Government, Primary Elections, 
Proportional representation, Representation, Returning Boards, 
Riders, Spoils System, Suffrage, Tammany Hall, Whisky Ring ; 
James Bryce, American Commomcealth, I, ch. xlv, II, parts III-IV ; 
Auguste Carlier, La Repuhlique Americane, III, livre X, chs. i-xi ; 
John Fiske, American Political Ideas; Theodore Roosevelt, Essays 
on Practical Politics; Edward Stanwood, Presidential Elections; 
Worthington C. Ford, American Citizens' Manual, part I, ch. iii ; 
A. B. Hart, Federal Government^ §§ 33-49 ; H. C. Lodge, Historical 
and Political Essays, 138-167, 198-213; A. B. Hart, Practical 
Essays on American Government, nos. i, ii ; John Fiske, Civil 
Government, ch. viii ; A. de Tocqueville, Democracy in America, 
I, chs. i— xviii ; B. A. Hinsdale, Annerican Government, chs. xx, xxvi, 
xxvii, xxix, XXX, xliii-xlvii, liv ; E. C. Seaman, American System 
of Government, chs. i-iv ; G. W. Lawton, The American Caucus 
System; F. W. Whitredge, Caucus System; F. J. Stimson, The 
Methods of Bribery ; A. D. Morse, The Place of Party (Annals 
American Academy of Political and Social Science. II) ; E. P. Oher- 
holzer. Law Making by Popular Vote (Annals American Academy 
of Political Science, I) : A. C. Bernheim, Party Organizations in 
New York City (Political Science Quarterly, III) ; A. C. Bernheim, 
Ballot in Neio York (Political Science Quarterly, IV) ; F. W. 
Whitredge, Rotation in Office (Political Science Quarterly, IV) ; J. 
M. Gitterman, Neio York Council of Appointment (Political Science 
Quarterly, VII) ; F. H. Giddings, Nature of Political Majorities 
(Political Science Quarterly, VII) ; Simeon E. Baldwin, Early 
History of the Ballot in Connecticut (Papers American Historical 
Association, VI). — For additional references on specific topics 
under this and the following heads, see Bowker and He, Reader's 
Guide; Poole, Index to Periodicals; Fletcher, Index; Jones, Index 
to Legal Periodicals. 



44 I'AUALLKL UEADIXG. [SECTS. 

§ 33d. State government. 

James Bryce, American Comnioincealth, chs. xxviii, xxxvi-xlv ; 
H. Von Hoist, Constitutional Law, §§ 79-83, 89-90; Frank J. 
Gooclnow, Comparative Administrative Law, books II, III ; Woodrow 
Wilson, The State, §§ 885-994; J. F. Jameson, Introduction to the 
Stiidii of the ConMittitional and Political History of the States; 
Auguste Carlier, La Rej)uhlique Americaine, III, livre X ; Ilenrv 
Hitchcock, American Slate Constitutions ; Horace Davis, American 
Constitutions (John Hopkins University Studies, passim ;) John 
Fiske, Civil Gorer)iinent, ch. \i; F. N. Thorp, liecent Constitution 
Making in the U. S. (Annals American Academy of Political and 
Social Science, II) ; Simon N. Patten, Decay of State a)id Local 
Government (Annals American Academy of Political and Social Sci- 
ence, I) ; B. A. Hinsdale, American Government, part II, chs. xii, 
xxvii, xl-xlii, part III, chs. xlix-liii ; Thomas M. Cooley, General 
Principles of Constitutional Law, chs. x, xi ; Thomas M. Cooley, 
Treatise on Constitutional Limitations, chs. iii, iv ; Worthington C. 
Ford, American Citizens' Manual, part II, chs. iii, iv ; Franklin B. 
Hough, American Constitutions (History of each State Constitution, 
prefixed to the text; at the end a topical analysis) ; J. F. Stimson, 
American Statute Law, detailed analysis of State Constitutions (a 
new edition announced) ; J. A. Jameson, The Constitutional Con- 
vention, Formation of Constitutions; J. J. Lalor, Cyclopaedia of 
Political Science, articles on Assembly, Constitutions, Variations, 
Debts, Nullification, Reconstruction, Secession, State Sovereignty, 
States (Constitutional and Legal Diversities) ; C. W. Loring, Nulli- 
Jication and Secession ; W. B. Shaw, Social and Economic Legislation 
of the States in 1891 (Quarterly Journal of Economics, V) ; John 
^^'. Burgess, The American CommorncealtJi (Political Science (^uar- 
ti'ily, I) ; "VVm. A. Dunning, Are the States Ecjual? (Political Science 
(Quarterly, III) ; J. II. Dougherty, Constitutions of the State of New 
York (Political Science (Quarterly, III, IV) ; S. Low, New York's 
.Constitutional Convention (Political Science Quarterly, IV) ; "\Vm. F. 
"Willoughby, State Aclirily and J^olitics (Papers Americnn Historical 
Association, V) . 

§ 336. Local government. 

.lames Bryce, American Coinuionwea'th, chs. xlviii-lii ; Alfred 
R. Conkling, City Gorernmeut in the United States; Nathan JMat- 
thews, Jr., The City Government of Boston ; P'rank J. Goodnow, 
Comparative Administrative Law, book III; G. E. Howard, 
Introdnclinii lo the Local Constitutional History of the United 
States, I; \Voodrow Wilson, The State, §§995-1044; Auguste 



33d-33g.] STATE ANJ) LOCAL GOVEKN.MENT. 45 

Carlier, La Republique Americaine, III, livie XI ; A. de Tocque- 
^'ille, Democracy in America, ch. v (Johns Hopkins University 
Studies, passim); H. Von Hoist, Constitutional Law, §§98-102; 
J. J. Lalor, Cyclopaedia of Political Science, articles on Cities 
(American) , Debts, Municipal Bonds ; John Fiske, Civil Govern- 
ment, ehs. ii-v ; Worthington C. Ford, American Citizens' Manual, 
part 1, eh. ii ; Edward Chauning, Town and County Government; 
Thomas M. Cooley, General Principles of Constitutional Law, 
ch, xvii ; Thomas M. Cooley, Treatise on Constitutional Limita- 
tions, ch. viii ; A. B. Hart, Practiced Essays, Nos. vi, vii, viii ; 

B. A. Hinsdale, American Government, part III, ch. Iv ; Seth Low, 
The Problem of Municipcd Government ; William D. Lewis, Political 
Organization of a Modern Municipality (Annals American Academy 
of Political and Social Science, II) ; A. P. Wilder, The Municijyal 
Problem ; T. D. Woolsey, Politiccd Science, part III, ch. x ; W. M. 
Ivins, Manicipal Government (Political Science Quarterly, II) ; 

C. Deming, Town Rule in Connecticut (Political Science Quarterly, 
IV) ; C. E. Tingley, Bond Subsidies to Railroads in Nebraska 
(Quarterly Journal of Economics, Vl). 

§ 33f . The national legislature. 

James Bryce, American Comnionivealth, chs. x— xxi ; H. Von Hoist, 
Constittdioncd Laic, §§ 20-31, 2S-34 ; Woodrow Wilson, The State, 
§§ 1054-1081; Woodrow Wilson, Congressional Government; Au- 
guste Carlier, La Republique Americaine, II, livre IV ; H. C. Lodge, 
Politiccd and Social Essays, 169-199 ; John W. Burgess, Political 
Science, part II, book III, div. II, chs. i, v, viii, ix ; A. B. Hart, 
Practiced Essays, Nos. i, ix ; J. H. McKee, Red Book (Congressional 
forms reprinted) ; J. J. Lalor, Cyclopaedia of Politiccd Science, articles 
on Censures, Congress (U. S.), Congress (Powers), Congress (Ses- 
sions), House of Representatives, Parliamentary Law, Salary Grab, 
Senate; John Fiske, Civil Government, ch. viii, §§ 2, 4; Freeman 
Snow, A Defence of Congressioncd Government (Papers American 
Historical Association, IV) ; B. A. Hinsdale, American Government, 
part II, chs. xii-xxvii ; Ben Perley Poore, Perley's Reminiscences; 
Thomas M. Cooley, General Principles of Constitutional Law, chs. 
iii, iv, §§ 15, 16; Mary P. Follett, The Speaker (in preparation) ; 
Clara H. Kerr, United States Senate. 

§ 33g. The national executive. 

James Bryce, American CommoiiweaXth , chs. v-ix ; H. Von Hoist, 
Constitutional Laiv, §§ 25, 26, 59, 60; Frank J. Goodnow, Comjmr- 
ative Administrative Law, book III, chs. i— iv ; J. J. Lalor, Cyclojxiedia 
of Political Science, articles on Confirmation, Electoral College, Elec- 



46 I'AKALLKL UKADINU. [.SKCTS. 

toral Commission, Electoral Votes, Execitive, Impeachment, Interior 
(Department), Justice (Department), .Message, Navy (Department), 
Post Office (Department), Removals, Resignation, .State (Depart- 
ment), Treasury (Department), Veto, War (Department); E. C. 
Mason, Veto Potce i\ eha. i-iii, v-vi ; ,Ioini \\'. Burgess, Political 
Science, part II, book III, div. Ill, chs. iii, iv, ix ; Lucy Salmon, 
History of the ApjjoiuliiKj Pon-er of the President (Papers American 
Historical Association, I); WOodrow Wilson, The State, §§ 1047- 
1120; Alfred Conkling, l^owers of Hit' Execntire Department ; John 
Fiske, Civil Gorennncnt, ch. viii, ;? ,'5 ; II. C. Lodge, Political and 
Social Essays, 114-i;)7; A. L. LoAvell, Essays on Government, 
No. ii ; Thomas ]\I. Cooley, General Principles of Const it ntioncd 
Law, ch. v; A. B. Hart, Practiced Essays, Nos. iii, iv ; B. A. 
Ilinsda'e, American Government, part II, chs. xxviii-xxxiii ; G. N. 
Lamphere, The United States Gorernment, 31-204; E. Stanwood, 
History of Presidential Elections; F. J. (roodnow. The Executive 
and the Courts (Political Science Quarterly, I) ; AVoodrow Wilson, 
The Study of Administration (Political Science CJuarteily, II) ; J, 
M. Merriam. Jcferson's Use of the Executive Patronafje (Papers 
American Historical Association, II) ; E. C. Mason, Congressional 
Demands upon the Executive for Information (Papers American His- 
torical Association, V). 

§ 33h. The national judiciary. 

James Bryce, American Common u-ealth, chs. xxii-xxiv ; II. Von 
Hoist, Constitutional Law, §§ 17-19, 43-4G, 61-71; W. W. Wil- 
loughby, Supreme Court of the United States; Auguste Carlier, 
/>a Wpublique Americaine, IV, livre XIV; Hampton L. Carson, 
Supreme Court of the United States (2 parts) ; Thomas M. Cooley, 
General Principles of Constitutional Law, cii. vi ; J. J. Lalor, 
('yclopaedia of Poliliccd Science, articles on Judiciary (Elective), 
Judicary (U. S.), ^Mi'itary Connnissions ; John Fiske, Civil Gov- 
ernment, ch. viii, § ;') ; .lohu W. Burgess, Political Science, part II, 
l)ook III, div. \\ , ciis. i, v; B. A. Hinsdale, American Govern- 
ment, part II, chs. xxxiv-xxxix ; (I. X. Lamphere, The United States 
Government, 250-254; C. B. P^Uiott, The Legislatures and the 
Courts (Political Science Quarterly, V) ; F. P. Powers. Recent 
Centrcdizing Tendencies (Political Science Quarterly, V). 

§ 33i. Powers over territory. 

J. J. Lalor, Cyclopaedia, articles on Annexation, Capital (the 
national), District of Columbia, Natiomd Cemeteries, Ordinance of 
1787, Popular Sovere'ghty, Pu])l:c Lands, Public Lands (Office), 
Territorial Waters, Territories; J. B. Vainum, Seat of Government; 



33j2,-:>;)k.] NATION. \i- (;()\ ki;nmf:nt. 47 

Thomas M. Cooley, General Principles of CotistitKlional Lan\ ch. iv, 
§ 13, chs. viii, ix ; Sliosuki Sato, Ilistorf/ of the Ij((iid Question; 
H. Von Hoist, Constitutional Lau\ §§ ol-o4 ; James B.yce, A^nerican 
Common u-ealtJi, eh. xlvn; Auguste Carlior, La RepubUque Ameri- 
caine, IJ, livie VI-\'III; IV, livre XV; A. 15. Hart, Practical 
Essays, No. x; B. A. Hinsdale, American Government, part II, 
eh. XXV ; Worthington C. Ford, American Citizens' Mannal, part II, 
4.S-r)G ; E. C. Mason, T>fo Potrer, ^^ 45-51 ; G. N. Knight, History 
and Manaijement of Federal Land Grants for Education in the North- 
west Territory (Papers American Historical Association, I) ; James 
C. Welling, The States' Right Conflict over the Public Lands (Papers 
American Historical Association, III) ; Chas. H. Haskins, The Yazoo 
Land Companies (Papers American Historical Association, V). 

§ 33j' Powers over citizens. 

John W. Bui'gess, Political /Science, part II, book II, chs. i, ii ; 
J.J. Lalor, Cyclopaedia of Political /Science, articles on Bills of Rights, 
Cherokee Case, Drafts, Civil Rights Bill, Dred Scott Case, Ex-Post 
Facto Laws, Habeas Corjjns (U. S.) ; Homestead and Exemption, 
Jury (Trial), Personal Liberty Laws, Petitions, Slavery (U. S.) ; 
H. Von Hoist, Constitutionfd L^au\ §§ 72, 78, 84-87 ; B. A. Hinsdale, 
American Gorernment, part II, chs. xxviii-xxx ; Thomas M. Cooley, 
General Principles of Constitutional Laic, eh. iv, §§3, 14, chs. xii- 
xvi; E. C. Mason, Veto Power, §§ 38-44; Worthington C. Ford, 
American (^itizens' Manuid, part II, 1-19, 40-44. 

§ 33k. Financial powers. 

F. AV. Taussig, Tariff History of the U. S. ; H. C. Adams, Public 
Debts; H. Von Hoist, Constitntional Lair, §§ 35-37, 06; Thomas 
^I. Cooley, General Principles of Constitntioncd Late, ch. iv, § 1 ; 
Jolui J. Knox, United States Notes; J. I). Goss, History of Tariff 
Administration ; Pximnnd J. James, Some Considerations on the Legal 
Tender Decisions; E. C. Mason, Veto Power, §§ 18-20, 35, 52-81 ; 
J. J. Lalor, Cyclopaedia of Poliiiccd Science, articles on Bank Con- 
troversies, Banking, Bill of Exchange, Debts, Deposits, Distilled 
Spirits, Finance (American) Income Tax, Independent Treasury, 
Internal Revenue, Priority of Debts, Removals, Repudiation, United 
States Notes (two articles). United States Surplus ; F. L. Olmsted, The 
Tobacco Tax ((Quarterly Journal of Px-onomics, III) ; F. J. Goodnow, 
The Collection of Duties (Political Science Quarterly, I) ; H. C. 
Adams, American War- Financiering (Political Science Quarterl}^ I) ; 
E. J. Shriner, Hoiv Customs Duties Work (Political Science Quar- 
terly II) ; E. J. Renick, The Comj)trolh^rs and the Courts (Political 
Science Quarterly, IV) ; E. R. A. Seligman, The TaxcUion of Cor- 



4S I'.\i;ai,i,i:i. i;k.M)IN<;. [skcts. 

poralioiis. (Political Scicnci' (Quarterly, \' i : !■".. .1. Koiiick. ('outrol 
of National Expenditures (Politicnl iScii'iici- (^Miaitcrly, VI): N. H. 
Thompson, Control of Natioiial Expenditaros (Political Science 
Quarterly, VII) ; C. F. Duul)ar, some Precedents fnlloired hi/ IlamiJ- 
ton (Quarterly' Journal of Economics, III) ; ('. F. DiiiiUar. the Direct 
Tax of /S6I ((^)uartorly .Tournal of Economics. Ill ). 

§ 33I. Commercial powers. 

H. Vou Hoist, Constitutional Lair, iiv? ;i^i-42. 7'.i ; Thomas M. 
Cooley, General Principles (f Cdnstltiilioiial La/i\ cji. iv, ;j§ 2, 4—10; 
Kichmonil M. Smith, Enii(/rafinii and hiniiif/rdfioii : A. li. Hart, 
Practical Essai/s, No. ix ; Emory U. .loiinson. Hirer and Harbor 
Bills (Aunnlfi American Academy of Folitical ami Social Science, II) ; 
,). .1. Lalor, Cyclopaedia of Political /Science, articles on American 
Merchant Marine, Chinese Immigration, Coastino- Trade. Coinaue, 
Corporations (LaAv of), Embargo (F. S.), Emigration and Immigra- 
tion, Free Trade, Internal Improvements, Protection (in the U. S.), 
Tariffs; E. C. .Mason, Veto Power, §§ 82-1)4; Orrin L. Elliott, The 
Tariff' Coidrorcrs)/ ; Worthiugton C. Ford, American Citizen's 
Manual, part II, ;>".-]<>, 1 1-4.S, r)7-(il ; A. .1. Hadley, JVorkimjs of 
the Interstate Commerce Lan- ((Quarterly .lournal of Economics, II); 
M. E. Kelley, Tariff Acts under the Confederation ((Quarterly .Journal 
of Economics, II); F. A. Walker, The Eleventh Census of the U. iS. 
(Quarterly .lournal of Economics. II); Cluiuncey Smith, ^1 Centuri/ 
of Patent Laic ((.Quarterly .Journal of Economics, I\') ; II. C. Barnaid, 
The Oleomargarine Laic (Political Science Quarterly, II) ; T. '\\'. 
Dwight, Legality of Trusts (Political Science (.Quarterly, III) ; ,1. W. 
Jenks, Development of the Whiskeji Trust (Political Science Quarterly. 
IV); F. P. Powers, linilrotiil Indeuuiili/ Lands (Political Science 
Quarterly. IV); E. Schuyler, Ifidian Jui inigration into the U. <'^'. 
(Political Science (Quarterly, I\') ; H. M. Smith, On. Census Methods 
(Political Science Quarterly, V); (leorge K. Holmes, State Control 
of Corporations (Political Science (.Quarterly, VI); .1. H. Noltle, 
Immigration (Political Science (Quarterly, Nil); Chas. M. Morris, 
Internal Improvements in Ohio, l.S2r)-l.sr)(» (Pajters American His- 
torical Association, III) ; AVilliaiii Hill, ('o/onnd Tariffs ( (^u.-uterly 
Journal of Economics, VII). 

§ 33m. Foreign and war powers. 

H. Von Ilolst, Constitutional Lau\ j^jj 47, ;">(), a"), .")S ; Auguste 
Carlier, La Rej)uhli(/ue Americaine, \\\. livi-e IX, xii. xiii ; Thonuis 
M. Cooley, General J'riuciples if (\>iistit ntiomd Lini\ eh. iv, {j 12; 
J. J. Laloi". Ci/clojxiedia of Political Scieuce, articles on Army, Monroe 
Doctrine, Navy, Treaties, Treaties (Fishery), Treaties (U. S.), 



33k-;U.] FUNCTIONS OF (U)VEI!NMP:NT. 49 

United States Pension Laws; E. C. Mason, Vf to Power, §§21,30; 
E. H. Hall, An Indignity to our Citizen Soldiers; J. W. Bryce, Our 
Internationcd Kesponsibility, (Political Science Quarterly, VI) ; 
Worthington C. Ford, American Citizens' Manual, part II, 20-33; 
See also general Commentaries on international law, especially by 
American authors ; above all Francis Wharton, Dii/est of the Inter- 
national Lair of the JJ. S. 

§3311. Miscellaneous powers and amendment. 

H. Von Hoist, Constitutional Laio, § 94-98 ; Philip Schaff, 
Church and State in the United StcUes, (Papers American Historical 
Association, II) ; H. V. Ames, Amendments to the Constitution of 
the United Stcdes, (Papers American Historical Association, V) ; 
John AV. Burgess, Politiccd Science, part II, book I, eh. i; J. J. 
Lalor, Cyclopaedia, of Political Science, articles on Amendment, Con- 
stitution of (U. S.), Convention (the Constitutional), Education 
(Bureau), Education (compulsory). Insurrection (U. S.), Mormons, 
Police Power of a State, Prohibition; J, W. Jenks, School Book 
Legislation, (Political Science Quarterly, VI). 

§ 34. Memorizing. — The whole object of the courses is to teach 
students to reason rather than to teach them to remember. But, in 
order to reason, it is essential to have constantly in the mind certain 
fundamental data. Students are, therefore, advised to commit to 
memory so as to have always at command the following facts. The 
text of these extracts may be found in the Guide. § 47. 

1. (1789-1890.) List of presidents with the dates of their 
administrations : Johnston's American Politics, 290-29(k 

2. (1789-1888.) Presidential elections: the two leading- 
candidates in each : Johnston's American Politics, 290-29(1. 

3. (1791—1890.) Order of admission of states (years only 
need be remembered) : Johnston's American Politics, 289. 

4. (1790-1890.) Population of the U. S. in round numbers 
at each decennial period : Bulletin of the Eleventh Census, No. 3. 

a. (17.S7-1870.) Constitution of the United States; Art. 1, 
Sect. 8, Sect. 9, §§ 2-G, Sect. 10 ; Art. III., Sect. 2, Amendments 1, 
9, 11, 13, and 15 : American History Leaflets^ No. 8. 



V. 

WEEKLY PAPERS. 

§ 35. Purpose of the exercise. The weekly i)apers are brief 
written answers to questions put upon tlie board ; the answers to be 
Avritten in the last fifteen minutes of the lecture hour. In the list of 
lectures intended for History 13 (§ 26), and for Government 12 (§27), 
will be found stated after each set of three lectures a general subject 
connected with the work of the previous week. Upon this subject 
students are expected to read, so as to be prepared to form and 
express in writiuij; an oi)iniou with reference to some minor point 
which might arise under the general subject. Thus, under the ques- 
tion of the methods of annexing territory to the United States, the 
paper might ask for a discussion of the question whether Hawaii could 
be annexed by joint resolution without the consent of the Hawaiian 
government ; under the general question of implied powers might be 
asked the question whether the United States could constitutionally 
charter a government university. 

The purpose of the system is, therefore, to train students in 
applying what they have already U'arned to the formation of a judg- 
ment on a specific question which they have never before considered. 
This is believed to be one of the most important pai-ts of the course ; 
and every student who, for any reason, has failed to hand in two 
papers out of the fifteen rcijuired in each half year, may be considered 
not to have furnished the evidence that he is pursuing the course in 
a systematic iiKumer. and may, llierefore, be subject to hour 
examinations. 

§ 36. Directions for the exercise in history. Tlie regular 
paper day in the History KJ course will be Thursday; the time, 
the last fifteen minutes of the regular exercise. Two questions, of 
the same general tenor, are conuiionly given out, one for students 
holding odd record numl)ers, and the other for holders of even record 
numbers, so that no two students sitting side by side may be engaged 
on the same question. 

The general subjects, under which (juestions are to be set is indi- 
cated in §§ 26, 27 ; and specimen (luestions will be found in §§ 41-70 

:)0 



SECTS. S5-39.] GENERAL, SUGGESTIONS. 51 

below. It will be noticed that the thirty topics included in the list 
do not cover the whole field of constitutional law or government ; 
they are selected on account of their connection with the narrative 
lectures and history ; for instance, the paper on implied powers will 
come into the course just after an account of the creation of the first 
United States Bank ; and secession after a discussion of the crisis of 
1860-61. 

In answering these questions students are allowed to have before 
them the text of the Constitution, and they are expected to refer to 
all the clauses of the Constitution which seem to them applicable to 
the specific question which they are discussing. For this purpose 
the text of the Constitution in tlie American History Leaflets 
Xo. 8 will be found convenient. They are expected, also, to 
apply whatever general principles they may have acquired in the 
course, as to the powers and limitations of the national and state 
governments. 

To facilitate the handling of the papers, students will ])e expected 
to use the miiform blank which will be pro^^ded, and to put on theu- 
record numbers. 

§ 37. Correction of the papers. Papers (for which uniform 
blanks will l)e provided) are to be taken up by the assistant in 
charge of this Avork. He will read each paper, and endorse upon it 
his judgment and his suggestions. On Tuesdays the corrected papers 
will be found in the alpha! )etized boxes, ready for return. 

The assistant will hold stated conference hours to discuss the criti- 
cisms with any student who so desires, and to set special papers for 
students who have had absences excused by the college office. 

§ 38. Directions for the exercise in Government. Papers in 
Government 12 will be called for on Fridays. The subjects will not 
usually be constitutional, but rather discourses of mooted questions 
in the practice of government. Authorities may be found in the 
readings on government (§ 83), and through the text-books (§ 8), 
treatises (§ 13), and weekly papers in history (§§ 41-70). 

§ 30. Preparation for the papers. In order to ansAver the 
questions cogently students must learn to carry in their minds the 
general principles of the course ; and they must also read up for each 
exercise. A set of convenient references on tlie historical set Avill l)e 
found below (>}i5 40-70). Particular stress is laid upon the "• sources," 
and especially the '• cases." The use of such material is excellent pre- 
liminary practice in the Avork of the lawyer, legislator, and publicist ; 
and the judgments formed upon sources ai-e more likely to be original 
and pertinent. The reading done by AAay of preparation for the 



52 WEEKLY PAPERS. [SECTS. 

"papers" Avill be found n valuable part of the general preparation 
for the courses. 

§ 40. Materials for the papers. The reading for the weekly 
papers may be classified as follows : 

Sources. An account of the sources of United States History 
in general may be found in Channing and Hart, Guide to t/ie 
Study of American History §§ 27-35. Among them are the journals 
of Congress ; records of del)ates ; the Avorks of public men containing 
speeches and state papeis ; reminiscences ; the Statesman's Manual 
with Presidents' messages ; Statutes at Large ; Treaties of the United 
States; elal)orate biographies containing documents; proceedings of 
learned societies. A list of indexes to government documents will 
be found in the Guide ^ ^ 29. 

Cases. Reference is made below usually to United States 
reports, inasnuich as no sets of state reports are available for 
college classes. The ollicial reports of United States cases are 
descril)ed in the Guide, § 2.S ; and a full set is reserved for tlie use 
of the class. The most important decisions to 1S35 are gathered 
together in a volume entitled The WrifiiH/.s of John ^farsha/l. For 
class use the most available collection is .1. 15. Thayer, Cases on 
Constittdional Lair, of Avhich several sets are reserved in the library : 
this includes many state eases of importance, not otherwise available. 

CoxsTiTUTiONAi, Disdssioxs. A in'ief list of treatises may be found 
above, §§ 12, 4H; most of them are reserved in the " (ioverument " 
alcove of the libraiy. In liic lists below the most serviceable refer- 
ences are ])ut lirst. It is desirable to read two authors avIio write 
from different i)oints of view, so as to get a grasp of the dilllculties 
of the sul)ject, and the arguments jtra and 'o// ; one case is rarely 
enough for the statement of tiie principles at issue. 

Historical discussions, 'i'he historical discussions are in most 
cases accounts and criticisms of the historical events which brought 
out or applied constitutional (juestions. They serve as a con- 
nective between the narrative part of the course and this special 
constitutional work. No valuable judgment can be formed from this 
group of references alone; and the additional use of sources and 
cases will he enforced liy all the means in the instructor's power. 

Specimen questions. The (luestions appended to each topic illus- 
trate the kind of limited incjuiry upon which any student ought to be 
able to form and express a judgment, after going over the general 
ground through the references. 

§41. Paper No. i: Use of constitutional authorities. The 
first paper is intended to test and to train the habit of using books 



39-41.] MATERIALS AND CONSTITUTIONAL. 53 

iutelligeutl}'. The proper preparation is to make one's self familiar 
with the arrangement and character of as many of the books enumer- 
ated as possible. In § 10, will be found a description of small 
special libraries adapted the "papers"; for constitutional special 
reports see §§ 83-85. 

Sources. The Covstitntiou of the United States (verbatim text in 
American History Leaflets, JS^o. 8, od ed.). — Journals of Congress, 
contdiiiintj their iiroceedings (177-4-1788) ; Seeret Journals of the 
Acts and Proceedings of Congress (1 774-1 7<S8). — Records of the de- 
bates of Congress : Annals of Congress; Congressional Debates; 
Congressional Globe; Congressional liecord ; House Journal ; Senate 
Journal ; Journal of the Executire Proceedings of the SencUe. — Laws : 
Statntes at Large (U. S.) ; Revised Statutes of the United States; 
Treaties and Conrentions. — Jonathan Elliott, Debates of the Federal 
Convention (5 vols.) ; Gilpin, llie Madison papers (3 vols.) ; The 
Federalist. — Ben Perley Pooi-e, Charters and Constitutions ; Old South 
Leaflets ; American Histori/ Leaflets. "Williams, Statesman's 3Iamial; 
H. W. Preston, Documents illustrative of A)nerican History; Ameri- 
can State Papers (folio). For a detailed list of sources see Guide, 
§§ 24-35. 

Cases. James B. Thayer, Cases on Constitutional Laic, with 
Notes (several sets in Reading Room^ ; Kejtorls of the Decisions of 
the Supreme Court of the United States (Dallas, Craneh, AVheaton, 
Peters, Howard, Black, Wallace, United States Reports, Peters 
(condensed), Curtis, Miller) ; Oflfcial Opinions of the Attorney Gen- 
eral. For detailed list of United States Supreme Court Reports 
see Gtiide, § 21). A set will be found in the Reading Room, and 
a duplicate set of Curtis (1789-1854) in the Evans library. 

Constitutional discussions. The principal treatises and descrip- 
tive works are enumerated in §4; 13a, 13i; a more detailed list may 
be found in Hart, Federal Government, § 469 ; elaborate bibliography 
in W. E. Foster, References to the Constitution. The treatises will be 
found distributed alphabetically through the reserved books on gov- 
ernment in the Reading Room ; duplicates of many of them in the 
Evans library. 

Historical discussions. The standard historians, especially George 
T. Curtis, History of the Constitution, 2 vols, (republished as Con- 
stitutional History of the United States, vol. I) ; Jefferson Davis, 
The Rise and Fall of the Confederate States' Government; Horace 
Greeley, The American Conflict : Richard Hildreth, History of the 
United States, vols. IV-VI ; J. B. McMaster, History of the People of 
the United States; James F. Rhodes, History of the United States 



54 WEKKLV I'AI'KIJS. [SECTS. 

from the Compromise of 1S50 ; George Tucker, History of the United 
States; Hermann Von Hoist, Constitutional and Political History of 
the United States. — For a detailed list of historians and standard 
biographers see Guide, §§ 20, 2;"). The histories will be found re- 
served in the Reading Room in the " Colonial History" and " U. S. 
History " alcoves. 

SrECiMEN QUESTIONS. What are the means of finding a Supreme 
Court case bearing on a particular suliject? — AVhich of the 
general histories seems to be most useful for constitutional dis- 
cussion ? — AVhich of the treatises do you expect to make most 
use of duiing the year, and why? — What is the best available 
material on the formation of the Constitution of the United 
States ? 

§ 42. Paper No. 2 : Colonial government. 

Sources. Charters of the colonies in Poore, Charters and Con- 
stitutions; Preston, Boaiments illustrative of United States History 
(less accurate texts) ; many in Old South Leaflets (texts not very 
accurate). — Documents in American History Leaflets, Nos. 5, 7, 14, 
16, 19, 21 ; James Otis on AVrits of Assistance in Tudor, IJfe of 
James Otis, and Quincy, Reports of Massachusetts Bay, 1762-1771. 
— Franklin's Examination in Benjamin Franklin, Works (Sparks 
edition), lA^, 151; (Higelow edition), IH, 407; Edmund Burke, 
Etiropean Settlements in America. — AVorks of contemporary states- 
men, especially AVilliam Penn, Hutchinson, Franklin, and A\'ashing- 
ton. — Dummer, Defence of the American Colonies. For a detailed 
list of colonial sources see Guide, § 30. 

Cases. George Chalmers, Opinions of Eminent Lcuvyers, 206, 
210, 223-258, 263-26<S, 332-34H, 356, 4G7 ; J. B. Thayer, Cases on 
Constitutional Laiv, 1-55 ; AVilliam Houston, Documents illustratire 
of the Canadian Constitution, 70-89; for individual colonies see 
Guide, Part II. 

Constitutional discussions. Joseph Story, Commentaries, §§ 
159-178; Hannis Taylor, Origin and Growth of the English Con- 
stitution, I, introduction, 15-48; B. A. Hinsdale, The American 
Government, 33-40 ; AVm. O. Bateman, Political and Constitutional 
Laio of the United States, 24-30; L. II. Porter, Outlines of the Con- 
stitutional History of the United States, ch. i; G. T. Curtis, History 
of the Constitution of the United States, I, ch. i; John N. Pomeroy, 
Introduction to the Constitxdional I^aio of the United States, §§ 45-49 ; 
Edward Channing, The Navigation I^aivs (Proceedings of the Ameri- 
can Antiquarian Society, 1889) ; Town and County Government; 
(John Hopkins University Studies, I). 



41-43.] COLONIES AND UNION. 55 

Historical discussions. W. f2. H. Lecky, England in the 
Eighteenth Century, II, 1-10, III, 207-400; R. Frothingham, Eise 
oftheRejmblic, 13-28 ; Charles Boigeaud, Rise of Modern Democracy 
in Old and Neio Englarid, Adoption and xhnendment of Constitu- 
tions, chs. i-iii ; II. L. Osgood, England and the Colonies, and 
Political Ideas of the Puritans (in Political Science Quarterly, II, 
440-469, VI,. 1-28, 201-231); J. A. Doyle, English Colonies in 
America; Henry Cabot Lodge, Encfdsh Colonies of North America; 

B. A. Hinsdale, American Government, ch. i. — Alexander Johnston, 
Connecticut ; Ellis H. Roberts, New York; W. H. Browne, Mary- 
land (all in the American Commonwealth Series) ; Albert Bushnell 
Hart, Practical Essays on American Government, Nos. vi, vii. — For 
detailed references see Gtdde, Part II, and § 147 ; a bibliography in 
W. E. Foster, References to the Constitution, 4-11. 

Specimen questions. Could a colony lay duties on imports 
from over the seas ? — Could a colonial governor be impeached for 
bad conduct in office? — Could England fix the conditions of colonial 
suffrage? — Could p]ngland alter colonial boundaries? 

§ 43. Paper No. 3 : Is the Union older than the States? [Cf. 
Papers No. 6, 10, 17, 26.] 

Sources. Declaration of Independence, in American History Leaf- 
lets, No. 11 ; plans of Union in American History Leaflets, No. 14; 
drafts of constitutions in American History Leaflets, No. 20 ; John 

C. Calhoun's theory in A Disquisition on Government and A Dis- 
course on the Constitution and Government of the United States, in 
Works, I, 111—147; Abraham Lincoln's theory in Abraham Lincohi, 
Complete Works, II, 61-66 ; also in Senate Executive Documents, 
37 Cong. 1 sess. (1861), Document No. 1, pp. 11-17; Thomas 
Jefferson, Writings, IX, 496-500 ; James Monroe, Message of 
May 4, 1822, in Statesman's Manual, I, 496-500; Annals of Con- 
gress, 17 Cong. 1 sess. (1822), pp. 1814-1818. 

Cases. Penhallow vs. Doane, 3 Dcdlas, 93. — Texas vs. White, 
7 Wallace, 700; J. B.Thayer, Cases, 302. — Keith vs. Clark, 97 
U. S. 461. —White vs. Hart, 13 Wcdlace, 646 ; J. B. Thayer, Cases, 
259. 

Constitutional discussions. Joseph Story, Commentaries on the 
Constitution, §§ 206-217; J. N. Pomeroy, Introduction to the Con- 
stitutional Laiv of the United States, §§ 25-34, 42-43, 54-56; 
J. C. Hurd, Theory of our National Existence, 99-105, 126-158; 
H. Von Hoist, Constitutional History of the U. S., 1, 1-64 ; Alex. H. 
Stephens, War heticeen the States, I, 17-207 ; Jefferson Davis, i^/w 
and Fall of the Confederate Government, I, 86-199. 



')(! AVKEKI.'i" I'AI'KRS. [SECTS. 

Historical discussions. (See § 266, Guide, §§ 142, 143). H. 
Von Hoist, Constitutional History of the United /States, 1, 0-2M ; R. 
Frothinoham, Ei,se of the Rejmblic, 358-377, 39')-402, 417-429; 
G. T. Curtis, History of the Constitidio)i, I, 39-40, (Constitutional 
History of the UuiteJ States, I, 6-26) ; J. C. Ropes, Story of the Civil 
War, I, f'li. i; .T. .T. Lnlor. CyrJopacdic of Pnllticnl Science, III, 
993. 

Specimen questions. Were the people of the Colonies bound by the 
ordinances of Congress before Jul}' 4, 1776? — Were tlie peoi)le of the 
States bound by the ordinances of Congress after July 4, 1776? — 
Did the United States dissolve the relations between England and the 
Colonies? — Has any Stale ever had a status outside the TTnion? 

§ 44. Paper No. 4 : Powers of the Confederation. 

SoiKCES. Articles of Confederation (verbatim text in American 
History Leaflets, No. 20), Arts. II, VI, IX, XII, ^^111.— Journals 
of Congress; Secret Journals of Congress; Resolutions of Congress 
in J. B. Thayer, Cases, S1-S3 ; Madison's Notes in H. D. Gilpin, 
Madison Papers, I, 1-467 ; and in J. Elliott, Debates in the Federal 
Convention, (Proceedings of the Convention in 1, 92-116). — James 
Madison, Writings, I, 320-328; Pamphlets of Pelatiah Webster, 
Dissertation on the Political Union, and Noah Wel)ster, Sketches of 
American Policy; Washington in Worh:s (Sparks edition), IX, 501, 
510,521; Franklin, Works (Bigelow edition), X, 1, 2; The Fed- 
eralist, Nos. 15-22. 

Cases. Livingston vs. Van Ingen, 9 Johns, 507; J. B. Thayer, 
Cases on Constittdional Law, 266, 1794. 

Constitutional discussions. Joseph Story, Commentaries, §§ 
229—271 ; S. ¥ . Miller, Lectures on the ConstitnHon of the United 
States, 3-5, 35-58; J. Kent, Commentaries on American Laic, I, 
189-205 ; T. M. Cooley, Gene red Principles of Constitutional 
Lav, 11-15; .1. .1. Lalor, Cyclojiaedia, of Political Science, I, 574- 
576; B. A. Hinsdale, American Government, §§ 122-135; J. I. 
J. C. Hare, American Constittdional Law, I, 15-18; J. N. Poni- 
eroy, Constittdional Law, §§ 65-73; H. Von Hoist, ConsHtidional 
Law of the United States, § 2 ; H. Flanders, Exposition of the Con- 
stitxdion, 42-44. 

HiSTOKicAL DISCUSSIONS. (See Guide, %i 149, 156.) G. T. Cur- 
tis, History of the Constitution, I, 142-151, 231-240, 252-259 
(Constitutional History, chs. vi, viii, ix) ; H. Von Hoist, Constitu- 
tional History of the United States, I, 22-30, 36-45 ; Justin Winsor, 
Narrative and Critical History of America, VII, eh. 3 ; R. Frothing- 
ham, liise 0/ the Republic, 569-579 ; R. Hildreth, History of the 



48-45.] COXFEJ^ERATION AM) C;<)XSTI.TUTION. 57 

United /States, III, oi)5-403 ; T. Pitkin, Political and Civil History 
of the United /States of America, II, 11-16; John Fiske, Critical 
Period of American Histori/, 90-101 ; J. INIarshall, Life of Washing- 
ton, V, 83 : H. Slierman, The Governmental History of the United 
States of America, 862-<S(jr), 880-886; A. Carlier, ia Eepublique 
Americaine, I, I, 526-532. 

Specimen questions. Had the Confederation a constitutional right 
to pass the Northwest Ordinance ? — Could Congress constitutionally 
compel any state to furnish troops for an otfensive war? — Could 
Congress constitutionally charter the Bank of North America ? — 
Could Congress constitutionally have aided jMassachusetts to put 
down the Shay's Reliellion? 

§ 45. Paper No. 5 : Constitution making and amendment. 
[Cf. Papers No. 5, 10, 17, 26.] 

SouKCEs. Articles of Confederation, Arts. V, XIII (verbatim 
text in American History Leafets, No. 11) ; Constitntion of the 
United Stales, Art. I, Sect. 7, § 3, Sect. 9, § 1 ; Art. IV. Sect. 3, §1 ; 
Art. V ; Art. VII ; Signatures. — Debates in the Fedei-al Convention, 
in Journal of the Federal Convention ; Jonathan Elliott, Debates; 
and Gilpin, Madison Papers. 

Cases. J. B. Thayer, Cases on. Constitutional Law, I, 207-213. 
Opinions of the Justices in J. B. Thayer, Cases on Constitutioncd 
Late, 221-223. — Wells vs. Bain, J. B. Thayer, Cases on Consti- 
tutional La a^, 228-239. 

CoNSTiTLTiONAL DISCUSSIONS, .lamesou. The Constitutioncd Con- 
vention ; Charles Borgeaud, Adoption and Amendment of Constitutions, 
Parts I, III; J. Story, Commentaries, §§272-281, 1825-1831; 
J. N. Pomeroy, Constitutioncd Laic, Introduction, §§ 109-116; T. 
M. Cooley, Constitutioncd Law, 207-212 ; B. A. Hinsdale, American 
Government, 323-325 ; S. F. Miller, Lectures on Constitutional Law, 
1-59; F. Wharton, Commentaries, §§ 400, 401. 

Historical discussions. (See Guide, §§ 154-156.) H. Von 
Hoist, Constitutional History of the United States, I, 62, 63, 267, 460, 
IV, 335, VII, 336, 430, 442-445 ; R. Ilildreth, History of the United 
States, y II, 112; J. J. Lalor, Cyclopaedia of Political Science, I, 
607, 608; B. A. Hinsdale, American. Government, (2 ed.) chs. vii- 
X. — For the history of the fifteen amendments to the Federal Con- 
stitution see the general histories (list in Guide, § 20). 

Specimen questions. Was Rhode Island bound to join the Union 
after 1787? — Can the state legislatures by unanimous agreement put 
a constitutional amendment into force which has not been submitted 
by Congress or by a convention? — May Congress by the act calling 



58 AVEEKLY I'APEKS. [SECTS. 

a coJivc'iition limit the subjects on wliicli it may su])init amend- 
ments? — Maya State withdraw a latifieation before the required 
three-fourths have Iteen obtained? 

§46. Paper No. 6: Was the constitution a compact? [Cf. 
Papers No. 3, o, 10, 17, 2r,, 27.] 

Sources. Constitution of the United States, Preamble, Art. I, 
Sect. 2, § 1, Sect. 8, §§ 17-18, Sect. 10; Art. II, Sect. 1, § 2; 
Art. Ill, Sect. 2 ; Art. IV ; Art. VI, § 2 ; Art. VII ; Signatures ; 
Amends. X ; XI. — Virginia and Kentucky Resolutions in American 
History Leaflets, No, 15, also in P^lliott, Debates, IV, 528, 521), 
532-548, in H. W. Preston, Documents ilhis/rafive of U. S. His- 
tory, 287-295, in AVartield, Kentucky Resolutions of 179S, (see 
§ 50). — Daniel Webster and Robert Y. Hayne, in Congressional 
Debates, VI, Part I, 58-80, IX, Part I, 562-5(57, in Benton, 
Abridgement of Debates of Congress, X, 447-449, XII, 103- 
105, in A. Johnston, American Orations, 213-282, in J. Elliott, 
Debates, IV, 509-521, 540-548.— J. C. Calhoun, Works, I, 
111-150. 

Cases. White vs. Hart, 7 Wallace, 700; .1. B. Thayer, Cases, 
259. — Texas vs. White, 13 Wallace, 646; ,1. B. Thayer, Cases, 
302. — Keith vs. Clark, 97 United States, 451. 

Constitutional discussions. Joseph Story, Commentaries, I, §§ 
306-340, 350-372 ; P. C. Centz {i')seud.), The Republic of Republics, 
59, 69, 561-571; J. F. Baker, The Federal Constitution, chs. IV, 
y ; J. N. Pomeroy, Introduction to the Constitutional Law of 
the United States, §§ 92-98; F. AVharton, Commentaries on 
American Laic, §§ 370, 371 ; A. H. Stephens, The Late War 
betiveen the Slates, I, 477-523 ; Jefferson Davis, The Rise and Fall 
of the Confederate Government, I, 131-141 ; E. A. Pollard, The 
Lost Canse, 38-44; II. Von Hoist, Constitutional Imw, §§10- 
15 ; J. I. C. Hare, American Constitutional Laic, I, 86-93 ; 
W. O. Bateman, Political and Constitutional Law of the United 
States of America, §§ 111-128; Taylor, Constitution Construed, 
39-51. 

Historical discussions. (See Guide, § 156.) 

Specimen questions. Could North Carolina and Rhode Island 
constitutionally have kept up the the forms of the old Confedera. 
tion? — Could a Massachusetts convention have withdrawn the 
ratification of the Constitution before nine States had acceded? — 
Did the State conventions represent the " States" or " the people of 
the States"? — Did "the peoj)le of the United States" have any 
part in making the Constitution? 



40-47.] COMPACT AND SEl'AKATION OF l'(J\VEKS. 59 

§ 47. Paper No. 7 : Separation of powers. [Cf . Paper No. 4.] 
80UKCES. Conslitutio)! of the United /States^ Art. I, Sect, 1, Sect. 
3, § 6, Sect. 6, § 2, Sect. 7, §§ 2, 3, Sect. 8, § IH; Art. II, Sect. 

I, § 1, Sect. 2, §§ 1, 2, Sects. 3, 4; Art. Ill, Sect. 1, Sect. 3, 
§ 2. — The Federalist ; Jolin Adams, Defence of the Conslilution ; 
Montesquieu, Esjjrit des Lois ; Ijlackstoue, Commentaries. 

Cases. Marbury vs. Madison, 1 Cranch 137; 1 Curtis, 368; 
.J. B. Thayer, Cases, 107. — Kendall vs. United States, 12 Peters, 
524; 12 Ci(rfis,SM. — Martin r.s. Mott, 12 Wheaton, 19; 7 Curtis, 
10; J. B. Thayer, Cases, 22!)0. 

Constitutional discussions. J. Stoiy, Commentaries, §§ 532— 
541, 881-893, 1560-1563; J. N. Pomeroy, Introduction to the Con- 
stitutional Law of the United States, §§ 174-179, 632 ; H. Von Hoist, 
Constitutional Laic of the United. States, §§ 33, 34, 46, 55, 58, 59 ; 
E. C. Mason, The Veto Power (^Harvard Historical Monographs, 
No. 1), §§ 18-24, 31-36, 99-105, 121-123, 230; E. C. Mason, 
Congressional Demcmds upon the Executive for Information (in Papers 
of the American Historical Association, V, 367-375) ; J. W. Burgess, 
Political Science and Comparative Constitutional Law, II, 244-257 ; 
T. M. Cooley, The Genercd Principles of Constitutional Law (edition of 
1880), 156-163, (editionof 1891), 163-169 ; James Bryce, TheAmer- 
can Commonicecdth, chs. xxi, xxv ; Albert Bushnell Hart, Practical 
Essays on American Government, No. 1 ; A. L. Lowell, Essays on 
Government, 97-101 ; J. J. Lalor, Cyclopaedia of Politiccd Science, 

II, 132-136, 480-482, III, 1064-1066; H. C. Lockwood, The 
Abolition of the Presidency, chs. ii, viii, ix ; B. A. Hinsdale, The Amer- 
ican Government, chs. v, xvi ; ,1. Schouler, History of the United 
States, I, 307-317; R, Hildreth, History of the United States, IV, 
584-618; George Washington, Works (Sparks edition) XII, 112- 
116; F. Wharton, Commentaries on American Laiv, § 388. 

Historical discussions. (See G%ude, § 157.) This question 
came up in debates on the President's removing power (Guide, § 157) ; 
on the Jay treaty {Guide, § 162) ; on the Marbury decision (Guide, 
§ 167) ; on .Jackson's removal of the deposits (Guide, § 185) ; on 
the Dred Scott decision (Guide, § 204) ; see also J. B. Thayer, Cases, 
354, note; and on Lincoln's war power (Guide, § 208). 

Specimen questions. Could either House be compelled by Act of 
Congress to admit mem])ers of the Cabinet to a share in debate? — 
May the House require the President to submit papers to it ? — Can 
the Federal Courts compel a member of Congress to vote on a 
pending measure? — Is the President bound by a decision of the 
Supreme Court? 



(^0 WEEKLY I'Al'EKS. [SECTS. 

§ 48. Paper No. 8 : Protection. [Cf. Paper No. 12.] 

Sources. Constitution of the United JStates, Preamble, Art. I, 
Sect. 1, Sect. 2, § .3, Sect. 7, 5? I, Sect. 8, §§ 4-G, Sect. 10, § 2; 
Art. JIJ, Sect. 2. — Ainuil.^ of Congress, 1789-91, pp. 103-116,349 
-368; v. H. Benton, Ahridtjemott of Debates, I, 22-44, 57-65, 
71-84; Act of July 4, 1789, in Statutes at Large, I, 24-27. — 
Alexander Ilaniilton, Report on Manufacturers, in Works, III, 192- 
284 (edition of Isr.O). III. 294-416 (Lodge edition); also in 
F. W. Taussig, Sate Papers and Speeches on the Tariff, 1-107 ; also 
in American State Fajn'rs, I, 123-144. — The Federcdist, 37, 58, 65, 
78-79, 216-218 (Dawson edition). — George Washington, Writings, 
XII, 9, 69-70; James Madison, Writings, 1, 479-483, III, 42-43; 
Thomas Jefferson, Works, VI, 431, 521-523, VII, 427; J. C. Cal- 
houn, Works, II, 163-173, VI, 2-29. 

Cases. Pollock vs. P'armers' Loan and Trust Co. (1895), 157 
U. S., 429; 158 U. N.. "idl . — Veazie Bank vs. Fenno (1869), 8 
TFa//«ce 533-556 ; J. B. Thayer, Cases on Constitutional Laic, loS 4:- 
1340. — Loan Association vs. Topeka (1874), 20 Wallace, 656-670; 
J. B. Thayer, Cases, 1235-1241. —McCulloch vs. Maryland (1819), 
4 Wheato),. ;U(; ; J. B. Thayer, Cases, 1340-1346. — Fifield vs. 
Close, J. B. Thayer, Cases, 1375-1378. 

CoNSTrruTiONAL DISCUSSIONS. li. \ Oil llo\st, IHstory of the United 
States, I, 398-405; J. Story, Commentaries, §§939-974, 1077- 
1095; T. M. Cooley, The General Princi2)les of Constitutional Law, 
54-60, 64-66 (edition of 1880), 53-59, 63-65 (edition of 1891); 
F. Wharton, Commentaries an American Law, §§ 411-416; J. N. 
Pouieroy, Jntrodnction to the Constitutional Law of the United States, 
§4} 270-296; .1. L C. Hare, American Constitutional Laic, I, 242- 
211; 11. ('. Lodge, Daniel Webster (American Statesman Series), 
§;^ 159-163, 169-171; J. Tiffany,^! Treaiise on Government and 
Constitidioncd Law, §§ 352-35.S ; J. Kent, Commentaries on Amer- 
ican Law, I, 249-25.S ; S. F. iNIiller, Lectures on the Constitution 
af /he United States, 227-231, 263-265; 11. C. Mason, The Veto 
J'oirer, § 53. 

HisToiJK Ai. DISCUSSIONS. (See Guide, § 15,S.) J. J. Lalor, 
Cyclopaedia, I, 714-715, III, 856-858; R. Hildreth, History of the 
United States, IV, 65-76; J. Schouler, History of the United States, 
I, 86-90, 1«6-188; J. B. McMaster, History of the People of the 
United States, I, 545-549; W. G. Sumner, Lectures on the History 
of Protection in the United StcUes, 21-33. 

Specimen <^ui;stions. May Congress prohiliit the importation of 
wheat? — May Congress lay a higher duty on importations made hy 



48-49.] PKOTECTION AND CONSTIU'CTION. (U 

aliens than on similar importations by citizens? — May Congress 
admit free lumber intended as a raw material, while charging duty on 
lumber intended to be used in the condition in which it is imported ? — 
May Congress protect the wheat growers by granting them a bounty ? 

§ 49. Paper No. 0: Implied powers. [Cf. Papers No. 8, 
11-1;;, l,s.] 

Sources. Constitntion of the United States^ Preamble, Art. I, 
Sect. 1, Sect. <S, § 18, Sect. 10 ; Art. IV, Sect. 2, § 1, Sect. 8, § 2 ; 
Amends. X ; XI ; XIII, Sect. 2; XIV, Sect. 5; XV, Sect. 2.— 
Alexander Hamilton, Report on the National Bank, in Works (edition 
of 18G1), IV, 104-138; (Lodge edition) III, 180-22.5.— Thomas 
Jefferson's opinion on the Bank, in Works (edition of 1854), VII, 
555-561. — Debate in the Convention, in J. Elliot, Debates, V, 543, 
544. — Debate in the House, Annals of Covgress, I, 1893-1960; 
Thomas H. Benton, Abridgement, I, 274-308. — The Federalist, 
Nos. 38, 41. — James Madison, Writings, IV, 73-76. — Veto 
Madison, March 3, 1817, in Senate Journal, Message of President 
14 Congress, 2 Sess., pp. 405-409 ; in House Journal, 14 Congress, 

2 Sess., pp. 534-537; in Annals of Congress, XXX, 1059-1061. — 
Message of President Monroe, May 4, 1822, in ^ln)ials of Congress, 
XXXIX, 1809-1.S63; in State Papers, 17 Congress, 1 Sess., 
IX, Doc. No. 127; in Statesman's Manual, I, 492-512; II, 512- 
535. 

Cases. Anderson vs. Dunn, 6 Wheaton, 204: 5 Curtis, 61; J. 
Marshall, Writings, 603-611. — McCuUoch vs. Maryland, 4 Wheaton, 
316, 4 Curtis, 415; J. B. Thayer, Cases, 271-285; J. Marshall, 
Writings, 160-188. — Martin vs. Hunter's Lessee, 1 Wheaton, 304, 

3 Curtis, 562 ; J. B. Thayer, Cases, 123-132 ; J. Marshall, Writings, 
525-555. — Gibbons vs.. Ogden, 9 Wheaton, 1 ; 6 Curtis, 1 ; .1. B. 
Thayer, Cases, 1799-1819; J. Marshall, Writings, 287-315.— Legal 
Tender Cases, 12 Wallace, 457; J. B. Thayer, Cases, 2237-2254. — 
U. S. vs. Plsher, 2 Cranch, 358, 1 Curtis, 496. — Os])orn vs. Bank of 
U. S., 9 Wheaton, 738 ; 6 Curtis, 251 ; J. B. Thayer, Cases, 1346n ;. 
J., Marshall, Writings, 315-343. 

Constitution A I. niscussiONs, Josei)h Story, Com mentaries (Cooley 
or Bigelow edition), §§ 420, 430-434, 497-506, 907-i)3(), 1231-1266 ; 
F. Wharton, Commentaries, §§ 380, 404, 411, 46<S, 596; J. N. 
Pomeroy, Introduction to the Constitutional Lan- (f the United States, 
§§ 261-269 ; T. M. Cooley, General Principles of Co)tstitutional Law 
(edition of 1880), 43-100, (edition of 1891), 91-10:5 ; H. Von Hoist, 
Constitidional Late, § 16 ; E. F. Smith, Commentaries on Statute and 
Constitutional Law, §§ 175-202 ; W. O. Batemau, Political and Con- 



62 WEEKLY I'Al'EKS. [SEOli. 

stitutional Law of the United States, §§ 145, 20«) ; 8. F. Miller, Lec- 
tures on the Constitution of the Unilcd States, 12.S-182, 135-144; 
J. Kent, Commentaries on American Law, I, §§ 24^-25;'), 2fi7 ; J. I. 
C. Hare, American Constitutional Late, I, 1)4-1 J. S; B. A. Hinsdale, 
The American Government, 211-216. 

Historical discussions. (See Guide, § 15!).) Clark and Hall, 
Legislative and Documentary History of the Bank of the United States, 
15-31, 37-84, 86-89, 91-94, 9.0-112; H. Von Hoist, Constitutional 
History, T, 104-107; R. Hildrcth, History of the United States, IV, 
256-267, VI, 211, 226-231; Martin Van Biiren, PnUtiml Parties, 
136-138; James Schouler, History of the United States, 1, 15«-162; 
George 'J'neker, History of the United States, I, 450-458 ; J. T. Morse, 
Life of Hamilton, I, 333-317. 

Specimkx QiKsTiONS. May Congress constitutionally oliarter a life 
insurance company? — jMay Congress constitutionally vote money for 
aid to sufferers from forest fires? — ^lay Congress constitutionally 
giant monejMu support of state schools? — May Congress constitu- 
tionally pass an act creating a national university, supported by 
national taxes? 

§ 50. Paper No. 10: Remedy for usurpation by the federal 
government. [Cf. Papers No. 6, 17, 22.] 

Sources. Constitution of the United States, Art. I, Sect. 2, § 1 ; 
Art. II, Sect. 1, § 1, Sect. 4; Art. Ill, Sect. 2, §§ 1, 2; Art. V; 
Art. VI, § 2; Amends. X; XI. — Virginia and Kentucky Resolu- 
tions, in American History Leaflets, No. 15, pp. 10-26 ; in Jonathan 
Elliot, Debates, IV, 528-530, 540-544 ; in Preston, Docmnents illus- 
trative of American History, 283-298 ; in N. S. Shaler, KentucTcy, 
409; in Randall, Life of Jefferson, III, 616-620; in J. A. Spencer, 
History of the United States, II, 444-449 ; in Cooper and Fenton, 
American Politics, Bk. II, 3-6. — Answers of the States, in J. Elliot, 
Debates, IV, 532-539. — James Madison, Report on the Proceed- 
iiKjs of other States, in J. Elliot, Debates, IV, 546-580; in 
^Madison, Writings, IV, 515-555. — Thomas Jefferson, ]ro/7.'.s, IV, 
245-248, 258-260; IX, 144, 464-472, 496-500. —James Madison, 
Writings,lV , 95-106 ; Madison in North American lievieiv, XXV, 
264-266 (1830).— George Washington, Works, XI, 387-391.— 
Alexander Hamilton, Works, VI, 383-388. — The Federalist, 
Nos. :;s, 39, 44,80; Passage in J. B. Thayer, Cases, 83-94. — 
J. .1. Hamilton, Jieminisce) ces, 38, 39; Daniel Webster, Works, 
III, 448-506. 

Cases. Cohens vs. Virginia, 6 Whcafon, 264 ; 5 Curtis, .S2 ; J. B. 
Thayer, CVi.S(?.s, 285-292; J. Marshall, Writings, 211-261. — Chis- 



49-50.] REMEDY FOl! USURPATION. 63 

holm VS. Georgia, 2 Dallas, 419, 1 Curtis, 16; J. B. Thayer, Cases, 
295. — Marbury vs. Madison, 1 Crunch, 137, 1 Curtis, 368; J. B 
Thayer, Cases, 107-114; J. Marshall, Writings, 1-29. — Martin 
vs. Hunter's Lessee, 1 Wheaton, 304 ; 3 Curtis, 562 ; J. B. Thayer, 
Cases, 123-132; J.Marshall, Writings, 525-555. — McCuUoch -vs. 
Maryland. 4 Wheaton, 316, 4 Curtis, 415; J. B. Thayer, Cases, 
271-285; J. Marshall, Writings, 160-188. — Worcester us. Georgia, 
6 Peters, 515, 10 Curtis, 214; J. B. Thayer, Cases, 583. — Gibbons 
vs. Ogden, 9 Wheaton, 1, 6 Curfi.^, 1 ; J. B. Thayer, Cases, 1799- 
1819; J. Marshall, Writings, 287-315. — State of Mississippi -us. 
Andrew Johnson, 4 Wallace, 475; J. B. Thayer, Cases, 196-201. — 
State of Georgia vs. Stanton, 6 Wqllace, 50; J. B. Thayer, Cases, 
201-207. 

CoxsTiTUTiONAL DISCUSSIONS. Joseph Story, Commentaries (edition 
of 1833), §§ 373-396, 1288-1289, 1631-1636, 1673-1679, 1830- 
1837; (Cooley edition) 1293-1294, 1637-1642, 1679-1685, 1836- 
1842 ; J. N. Pomeroy, Iiitroductio)^ to the Constitutional Laio of the 
United States, §§ 98-99, 123-150 ; H. Von Hoist, Constitutional Laiv, 
§§ 10-20, Constitutional Ilistorn of the United States, I, 143-158; 
J. Kent, Commentaries on American Law, I, §§ 296-300; W. O. 
Bateman. Political and Constitutional Law of the United States, §§ 
143-150; T. M. Cooley, General Principles of Constitutional Law 
(edition of 1880) 91-97; (edition of 1891) 94-100; John Taylor, 
Inquiry into the Principles and Policy of the Government of the United 
States, 580-656 ; T. H. Benton, Thirty Years' Vieic, I, chs. 
Ixxxvii, Ixxxviii ; A. H. Stephens, War between, the States, 1, 441- 
443. 

Historical discussions. (See Guide, i 165.) E. D. Warfield, 
Kentucky Resolutions of 1798 ; Randall, Life (f Jefferson, II, A'iS- 
455 ; R. Hildreth, History of the United States, V, 272-277, 319-321 ; 
J. T. Morse, Thomas Jefferson, 193; J. J. Lalor, Cyclopaedia of 
Political Science, I, 770-772, II, 672-677, III, 1004; Tucker, His- 
tory of the United States, II, 84-85, Life of Jefferson, II, 63-66; 
James Schouler, History of the United States, I, 423-425 ; J. B. 
McMaster, History of the People of the United States, II, 417-427 ; 
Henry Adams, Life of Gcdlatin, 211-212. 

Specimen questions. Ma}' members of Congress be tried for 
treason, for voting for acts of nsuri)ation? — May a State declare an 
unconstitutional Act of Congress inoperative within its limits? — May 
the Supreme Court enjoin Congress not to pass a proposed unconsti- 
tutional measure ? — Could an Act of Congress be annulled by joint 
action of three fourths of the States ? 



()4 WKKKLY I'APEItS. [SECTS. 

§51. Paper No. 11: Annexation of territory. [Cf. Papers 
No. i:>, 2;;.] 

SoiRCK.s. Constitution a/ the United States, Ait. 1, Sect. 1, Sect. 
7, § 3, Sect. «, §§ 17, IS; Art. II. Sect. 2. ?j 2; Art. IV, Sect. 3; 
Art. VI, § 2.— Treaties of LSI);), l.sil), 1.S4.S, isr,:',, 18G7, in Trea- 
ties and Conventions; extracts in Wliarton, Digest of the International 
Lan- of the U. S., §^ 14.S^, 154, 159, 161a. — (Question of Louisiana 
in Barb6-Marbois, Ilisloire de la Lonisiane, 247-341 ; American State 
Papers, Foreign Relations, II, 506-581 ; Thomas Jefferson, Works 
(edition of 1854), IV, 431-434 ; T. Donaldson, The Pnblic Domain, 
81)-105 ; Debates in Annals of Congress, XIJI, 31-74 : in Benton's 
Abridgement, III, 4-20 ; in Fllliot's Debates, lY-. 462-4 (;<;. — Question 
of Texas in Niles's Register, LX1\\ 17.")-175; Calhoun's treaty of 
April 12, 1844, in Sen. Docs. 28 Congress, 1 Sess., No. 341, pp. 10- 
13; Calhoun's Works, V, 322-327; Joint Resolutions of .Alarch 1, 
1845 and Dec. 10, 1845, in StcUutes at Large, \. 797, IX, 108; 
Debates of 1844 and 1845 in Benton's Abridgement, XV, 142-146, 
154, 170, 174-179, 1.S5-300; T. H. Benton, Thirty Years Viev. 
II, 600-624, 632-638. — F. Wharton, Digest <f American Tnterna- 
national Lair, §§ 72, 74, 315a. 

Cases. American Insurance Co. rs. Canter, 1 Peters, 511; 7 
Cnrtis, 685 ; J. B. Thayer, Cases, 350 ; J. Marshah, Writings, 373. — 
Dred Scott vs. Sanford, 19 Hoicard, 392 ; 2 Miller, 1 ; J. B. Thayer, 
Cases, 4<S0. — United States r.s. Gratiot, 14 Peters, :)-2i^\ \ 13 Curtis, 
644. — Fostei' vs. Neilson, 2 Peters, 253 ; 8 Cnrtis, [OS. — (Jarcia r.s. 
Lee, 12 Peters, 511; 12 Cmiis, ><-2i\. — Soulard rs. United States, 
4 Peters, 511; 9 Curtis, 169. 

Maps. Ejxn-h Mojks, Nos. 7. s. :i, 11, 12; same nui])s in A. B. 
Hart, Formation of the Union, maps, Nos. 1, 4; and Woodrow 
Wilson, Dirision and Rennioii, maps, Nos. 1, 2, 3. 

CoNSTiTiTioxAL DISCUSSIONS. 11. Vou Ilolst, Constit ntion(d Ij(nr 
of the United States, § 53 : W, O. Bateman, Political and Constit n- 
ional Laiv of the United States, § 249 ; T. M. Cooley, Constitu- 
tional Laiv (edition of ISSO) 169-171; (edition of 1891) 175-177; 
J. Tiffany, Constitutional Lan-, 37-40; J. Story, Commentaries 
(edition of 1833), §§ 12.S2-12.S8, 130.S ; (edition of 1891) §§ 1282- 
12«9,i;520, 1324; J. N. Pomeroy, Constitutiomd Lau\ §^ 488, 
497-49>i, 673; J. Kent, Commentaries, Ji 258 ; T. Siugeant. Consti- 
tutional Law, 389 ; F. Wharton, Commentaries, § 4()2 ; W. A. 
Duer, Constitutional Jurisj)rudence, 338, 339. 

HisTomcAL DISCUSSIONS. (Sec Guide, §§ 16«, 195.) On Louisiana: 
Henry Adams, Ilistori/ of the United States, II, 25-50, 74-1 15 ; Ran- 



51-52.] ANNEXATION OF TEUKITOUV. ii") 

dall, Life of Jefferson, III, 60-61, 75-85; Henry Adams, Life of 
Gallatin, 307, 310, 318; H. Von Hoist, Constitutional History, I. 
183-193; J.T.Morse, Thomas Jefferson, 246-258 ; Heiny Adams. 
John Randolph, 85-95 ; R. Hildreth, History of the United States, 
V, 478-482, 486-488, 494-497; J. B. McMaster, History of the 
United States, II, 622-635 ; III, 1-10.— On Texas : H. Von Hoist, 
Constitutional History of the United States, II, 599-614, 625-643, 
677-690, 702-714; John C. Calhoun, 222-260; Carl Schurz, Henry 
Clay, II, 223-267; H. Greely, The American Conflict, I, 147-173; 
E. N. Shepard, Martin Van Buren, 307, 343-348 ; J. Sehouler, His- 
tory of the United States, IV, 441, 448, 449, 457-460, 465, 470. 
481-488; T. Sargeant, Public Men and Events, II, 259-263. 

Specimen questions. Do the former laws of an annexed territorv 
have any force after annexation? — May territory be separated from 
the United States by Act of Congress? — Was Congress obhged to 
make Louisiana a state because so agreed in the treaty of annexa- 
tion? — Could Congress constitutionally have made a condition thrit 
Texas must come in as a free state ? 

§ 52. Paper No. 12 : Power to regulate commerce. [Cf. Paper 
No. 8.] 

Sources. Constitution of the United Stales, Art. I, Sect. 8, §§ ;;. 
18, Sect. 9, §§ 1, 5, 6, Sect. 10, § 2 ; Art. IV, Sect. 2, § 1 ; Art. \l. 
§ 2. — Thomas Jefferson, Messages of Oct. 27 and Dec. 18, 1807, in 
Statesman's Manual, I, 200-203, 204 ; in Annals of Congress, XA' 1 1 . 
14, 50. — Embargo Acts of Dec. 22, 1807, Jan. 9, March 12, A-,. HI 
25, 1808, in Statutes at Large, II, 451, 453, 473, 499.— Debates in 
Annals of Congress, XVII, 50-51, 1216-1220; in T. II. Benton, 
Abridgement, III, 640-644, 678—707. — Contemporary discussions in 
M. Carey, The Olive Branch, chs. xxiv, xxv ; in J. Q. Adams, Memoirs, 
I, 491, 535; in Edmund Quincy, Life of Josiah Quincy, 127-130, 
139, 183; in Thomas Jefferson, Works, V, 226-243; in Niles's 
Register, XXXV, 138 ; in W. Story, Life of Joseph Story, I, 165, 
174-187, 223. 

Cases. Gibbons vs. Ogden, 9 Wheaton, 1; 6 Curtis, 1; ,1. 1>. 
Thayer, Cases, 730, 1799; J. Marshall, Writings, 287-315. — Brown 
vs. Mainland, 12 Wheaton, 419 ; 7 Curtis, 262 ; J. B. Thayer, Cases, 
1826 ; J. Marshall, Writings, 358-372. — Willson r.s. Blackbird Creek 
Co., 2 Peters, 245; 8 Curtis, 105; J. B. Thayer, Cases, 1837. — 
New York vs. Miln, 11 Peters, 102; 12 Curtis, 357; J. B. Thayer, 
Cases, 1840. — License Cases, 5 Howard, 504 ; 16 Curtis, 513 ; J. B. 
Thayer, Cases, 1851. — Passenger Cases, 7 Howard, 283 ; 17 Curtis. 
122 ; J. B. Thayer, Cases, 1865. — Pennsylvania us. Wheeling Bridge 



G6 WEEKLY PAPERS. [SECTS. 

Co., i;3 Hoivard, oTH ; 1<) Cioiis. G21 ; J. B. Thayer, Case.s, 1889.— 
Welton vs. State of Missouri, i)l U. S. 275. — License Tax Cases, 
5 Wal'ace, 462 ; .1. !>. Thayer, Cases, 787. — United States y.s, Dewitt, 
9 Wallace, 41 ; J. B. Tliayer, Cases, 735-737. — Henderson vs. Mayor 
of New York, J. B. Thayer, Cases, 738-742. — Munn vs. Illinois, 94 
U. S. 113; J. B. Thayer, Cases, 743-752. — Head Money Cases, 
112 U. S. 580; J. B. Thayer, Cases, 758-759. 

CoxsTiTLTioxAL DISCUSSIONS. Joseph Story, Coinmentaries (edition 
of 1833), §§ 1052-1097, 1272, 1284-1288; (edition of 1891) §§ 
1050-1101, 1281, 1289-1293; T. M. Cooley, Constitutional Law 
(edition of 1880), 04-75; (edition of 1891) 63-79; F. Wharton, 
Commentaries, §§ 418-430; .1. N. Pomeroy, Constitutional Law, 
§§ 321-3S4: H. Von Hoist, Constitutional Laic, § 38; AV. O. Bate- 
man, Political and Constitutional Law of the United States, §§ 215- 
225; J. Tiffany, ^1 Treatise on Government, §§ 359-380; J. I. C. 
Hare, American Constitutio)ial Laio, I, 427-504; J. Madison, Writ- 
ings, IV, 120-129 ; W. A. Duer, Constitutional Jurisprudence, 
245-264. 

HisToiiicAL DISCUSSIONS. (See Guide, §§ 172, 175, 197.) Henry 
Adams, History of the United States, IV, 128-475; J. B. McMaster, 
History of the People of the United States, HI, 276-339 ; R. Hildreth, 
History of the United States, VI, 36-44, 69-138; J. Schouler, His- 
tory of the United States, II, 156-204; H. Von Hoist, Constitutional 
History of the United States, I, 200-220; J. J. Lalor, Cyclopaedia of 
Political Science, I, 772, II, 79, 85, 109 ; J. T. Morse, Jr., Thomas 
Jefferson, 286-320; J. T. Morse, Jr., John Quincy Adams, 52-57; 
(ieorge Tucker, History of the United States, II, 307, 321-325, 
.'>4]-342; Theodore Dwight, History of the Hartford Convention, 
.S3-106 ; George Tucker, Life of Jefferson, II, 248-250, 283-287 ; 
II. S. Randall, Life of Jefferson, III, 239-307; H. C. Lodge, Life 
and Letters of George Ccdjot, 367-372, 374, 382, 395 ; Henry Adams, 
Life of Gallatin, 365-381. 

Specimen questions. May Congress by stnlute i)iohibit importa- 
tion of goods? — iMay the States in any way regulate interstate com- 
merce? — May Congress prohil)it the exportation -of goods? — May 
Congress regulate commerce wliolly Avitliiu a State? 

§ 53- Paper No. 13 : Internal improvements. [Cf. Papers 
No. «, I.S.] 

SouHCKs. Constitution of the United States, Art. I, Sect. 8, §§ 1, 
3, 7, 12 ; Art. IV, Sect. 3, § 2. — Debates in the Federal Convention, 
in J. Elliot, Debates, V, 543-545. — Hamilton's suggestions (1791) in 
Annals of Congress, III, lOLVlOlC. — Ohio Act of 1802 (Sect. 7, 



52-53.] COMMEUCK. INTERNAL IMPROVEMENTS. 67 

§ 3) in Statutes at Large^ 11^ 175. — Cimiberland Rotid Act of March 
29, 1806, in Statutes at Laiye, II, 357. — J^xtiacts from Jefferson's 
Message of Dec. 2, 1<S0(5, in Statesman's JIannal, I, 190-191; in 
Annals of Congress, XVI, 11-15. — Gallatin's Report of April 4, 
1808, in American State Papers, Miscellaneous, I, 724-741. — La- 
trobe's Reports of March 16 and April 1, 1808, in American. State 
Papers, Miscellaneous, I, 910-916. — Madison's Veto of March 3, 

1817, in Annals of Congress, XXX, 1059; in Senate Journal, 14 
Congress, 2 Sess. 406. — Monroe's Veto of May 4, 1822, in Annals 
of Congress, XXXIX, 1809-1863; in Statesman's Mamial, I, 492— 
5;]7. — Jackson's Veto of May 27, 1830, in Statesman's Manual, II, 
719-728; in House Journal, 21 Congress, 1 Sess. 733-742. — De- 
bates in Annals of Congress, XXX, 851-923 ; in T. II. Benton, 
Abridgement, V, 676, 704—711. — House Resolutions of March 14, 

1818, in Annals of Congress, XXXII, 1381—1384. — Thomas Jefferson, 
Works, IV, 131, 449, 478, VII, 77-79, IX, 496-500; Albert 
Gallatin, I, 395-396. 

Cases. Same as in the list for Weekly Papers, No. 3, 9, 12. 

Constitutional discussions. Joseph Story, Commentaries (edition 
of 1833), §§ 1119-1145, 1267-1273, (edition of 1851) §§ 1124-1151, 
1272-1278, (Cooley edition) §§ 1124-1151, 1172-1182; Francis 
Wharton, Commentaries, §§ 416-447; J. N. Pomeroy, Constitutional 
Laic, §§ 382, 412 ; H. Von Hoist, Constitutionl Lcuv, § 41 ; T. M. 
Cooley, Constitutional Laiv (edition of 1880), 94, (edition of 1891) 
97; J. Kent, Commentaries, I, 265-268; W. O. Bateman, Political 
and (Jonstitulional Law, § 227 ; Henry Clay, Life and Speeches, I, 
300-320 ; H. Von Hoist, Constitutional History of the United States, 

I, 3.S8-396; J. C. Calhoun, Works, II, 186-197; E. C. Mason, TJie 
Veto Power, §§ 83-97, (m Harvard Historical Monographs, I); T. 

II. Benton, Thirty Years' View, I, 21-27. 

Historical discussions. (See Guide, § 175.) E. R. Johnson, in 
Ainials of the American. Academy of Politiccd and Social Science 
(1S91-92); II. S. Tanner, Memoir on Litemal hnprovements ; J. J. 
Lalor, Cyclopaedia of Politiccd Science, I, 609, II, 568-570; A. B. 
Hart, Biography of a River and Harbor Bill, in Practical Essays 
(Essay^ No. ix) ; The Old National Pike, in Harp>er's Magazine 
(November, 1879); N, C. Gilman, Jff-mes 3/o»rof% 239-48 ; Henry 
Adams, Life of Gallatin, 351-352 ; H. Von Hoist, John C. Cal- 
houn, 27-41; W. G. Sumner, Andrew Jackson, 191-194; H. G. 
Wheeler, History of Congress, II, 109-124, 145-159. 

Specimen questions. May Congress improve a waterway wholly 
within a vState, without the consent of that State? — May Congress 



68 WEEKLY PAPERS. [SECTS. 

construct irrigation canals ? — May Congress construct an interoceanic 
canal across the territory of Nicaragua? — May Congress construct 
and operate grain elevators at tide-water terniiiials? 

§ 54. Paper No. 14 : Impairment of contracts. [Cf. Papers 
No. 6, 22.] 

SouRCKs. Constitution of the United States, Art. I, Sect. <S, § IS, 
Sect. 10, § 1 ; Art. Ill, Sect. 2, § 1 ; Art. YI, § 2 ; Amend. XI.— 
Daniel Webster, Works, V, 462-501 ; Tlionuis Jefferson, llor/.-.s, 
VI, 460-462. 

Cases. Sturges vs. Crowninshield, 4 Wheaton, 122 ; 4 Curtis, 
362; J. Marshall, Writings, 147-160; J. B. Thayer, Cases, 268.— 
Dartmouth College vs. Woodward, 4 Wheaton, 518; 4 Curtis, 46;> ; 
J. Marshall, Writings, 188-210; J. B. Thayer, Cases, 1564.— 
Fletcher V.S. Peck, 6 Cranch, 87; 2 Curtis, 328; J. Marshall, Writ- 
ings, 126-141 ; J. B. Thayer, Cases, 114. — Louisiana vs. IMayor of 
New Orleans, 109 U. S., 285. — Ogden ^^s^ Saunders, 12 Wheaton, 
213 ; 7 Curtis, 132 ; J. Marshall, Writings, 624-680 ; J. B. Thayer, 
Cases, 1590. — Legal Tender Cases, 12 Wallace, 457; J.B.Thayer, 
Cases, 2237. — Providence Bank vs. Billings, 4 Peters, 514 ; 9 Cur- 
tis, 171; J. B. Thayer, Cases, 1623. — The Binghamton Bridge, 
3 Wallace, 51; J. B. Thayer, Cctses, 1753. — Antonio vs. Green- 
how, 107 U S. 769. — Poindextor rs. (iiccnliow, 114 U. S., 
270. 

CoNSTrruTiONAL Discus.'siONs. Joscph Story, (Jorninenlaries (1851 
and later editions), §§ 1374-1400 ; T. M. Cooley, Constitutional Law 
(edition of 1880), 300-314; (edition of 1891), 311-327; T. M. 
Cooley, Constitutional Limitations, 328-358; F. 'Whartou, Com- 
mentaries, §§ 477-498; J. N. Pomeroy, Constitutional Law, §§ 538- 
627; H. Von Hoist, Constitutional Lear, § 7!» ; J. Kent, Com- 
mentaries, I, §§ 413-424. 

IIiSTOHiCAL DISCUSSIONS. H. C. Lodgc, Daniel Webster, 72-98; 
Van Santvoord, Lives of Chief Justices of the United States, 411— 
413, 450-459; W. W. Story, Life and Letters of Joseph Story, I, 
321-322; G. T. Curtis, Life of Daniel Webster, I, 162-171; W. 
G. Sumner, Andreiv Jackson, 128-130; J. J. Lalor, Cyclopaedia of 
Political Science, III, 1129-1130. 

Specimen qiestions. May Congress pass a bankruptcy law ap- 
plying to debts contracted before the date of the act? — May a State 
revoke the charter of a railroad ? — May a State pass an act repudiat- 
ing the payment of its debts? — IMivy h State revoke a license to sell 
liquor before its expiration, if the holder has complied with its 
conditions ? 



53-55.] CONTRACTS. INTERNATIONAl.. ()9 

§ 55- Paper No. 15 : International obligations. [Cf. Papers 
No. 11, 22.] 

Sources. Constitution of the United States, Art. I, Sect. 7, § 1, 
Sect. 8, §§ 3, 10-15, 18, Sect. 9, §§ 1, 6, 7, Sect. 10 ; Art. II, Sect. 
1, § 1, Sect. 2; Art. Ill, Sect. 2, §§1, 2; Art. VI, §§ 1, 2.— 
On the Monroe Doctrine : Extracts from Official Declarations of the 
United States on the Monroe Doctrine, in American History Leaflets, 
No. 4 ; Extracts from Official Papers relating to the Bering Sea 
Controversy, in American History Leaflets, No. G ; President Mon- 
roe's Messages of Dec. 2, 1823, and Dec. 7, 1824, in Statesman's 
Manual, I, 452-453, 460-461 ; in Congressional Debates, XLI, 
12-23, XLIII, App. 2-8. — F. Wharton, Digest of the Liternatioyial 
Lcuw of the United States, §§ 57-61, 72; Treaties and Conventions 
of the United States, Ail (1850), 939 (1867); John Quincy 
Adams, Memoirs, VI, 163, 178-179, 186-194, 202, 207.— 
Thomas Jefferson, Works, VII, 315-317 ; James Madison, Writings, 
III, 339-354. — Ostend Manifesto, in American History Leaflets, 
No. 2. 

Constitutional discussions. F. Wharton, Commentaries, §§ 174 
-175; W. B. Lawrence, Commentaire sur les Elements du Droit 
Liternational, II, 297-394; Daniel Webster, Works, III, 178, 201- 
217; R. H. Dana, Wheaton''s Elements of Liternational Law, notes 
to pp. 97-112. 

Historical discussions. (See Guide, §§ 153, 162, 164, 170, 179, 
195, 212.) On Monroe Doctrine: bibliography in D. C. Oilman, 
James Monroe, 269-272; G. F.. Tucker, Tlte 3Iouroe Doctrine; 
Richard Rush, Narrative of a Residence at the Court of London, ch. 
23; Joshua Leavitt, The Monroe Doctrine; H. Von Hoist, Con- 
stitutional History of the United States, I, 412-423 ; D. C. Oilman, 
James Monroe, 156-174; J. J. Lalor, Cyclopaedia of Political 
Science, II, 898-900; J. T. Morse, John Quincy Adams, 129-149; 
Freeman Snow, Treaties and Tojrics in American Dij^lomacy, 
Part II. 

Instances of application ok Monroe Doctrine. (See Guide, 
§ 179.) 1824, Greek Question; 1826, Panama Congress; 1845, 
Texas and Oregon Questions ; 1848, Yucatan (Question ; 1850, Clay- 
ton-Bulwer Treaty ; 1850-1894, Balize and Mosquito Coast Ques- 
tions; 1854, Ostend Manifesto; 1865, French Intervention in 
Mexico; 1870, San Domingo Question; 1881, Nicaragua Canal 
Question; 1881, Chili-Peru War ; 1890, Bering Sea Question. 

Specimen questions. Was the attempt to construct a Panama 
Canal by a French company contrary to the Monroe Doctrine? — 



70 WEEKLY r.M'ERS. [SECTS. 

Would :i British protectorate of Brazil be contrary to the Monroe 
Doctrine? — Would a transfer of Cuba to Gnat r.ritaiu be contrary 
to the Mouroe Doctrine? — Would an independent Canadian kingdom 
be contrary to the ^Monroe Doctrine? — May citizens of the United 
States enlist as Cuban soldiers? — ]May the United States sell its 
shij s of war to bellioerents in a foreion war? 

§ 56. Paper No. 16 : Appointments and removals. [Cf. Pa- 
per No. 7.] 

SouHCKS. Co)istifiifioii of (lie Uniled jStnte,s, Art. I, Sect. 3, 
§ 3, Sect. r>, § 1, Sect. (5, § 2, Sect. ,S, §§ U, 10, 18; Art. II, 
Sect. 2, §§ 2, ;5, Sect. 3; Art. Ill, Sect. 1; Art. VI, § 2.— 
The Federalisl, (Dawson edition), No. 76. — Amos Kendall, 
Autobwgraphy , 2!)7-;317. — John Quincy Adams, Memoirs, VIJI, 
112, 138, 144, 150, 172, l7i). — House Reports, 52 Congress, 1 
Sess., No. 1669. — Debates on Executive Patronage, in Niles's Re- 
gister', XLVIII, 384-302. — Reports of the United States Civil Service 
Commission. 

Cases. Marbury vs. Madison, 1 Cranch, 137 ; 1 Curtis, 368 ; 
J. B. Thayer, (Mses, 107. — \\'ood vs. United States, 107 U.S., 
414. — United Slates vs. Ferieira, 13 Howard, 40; 19 Curtis, 373; 
J.B.Thayer, Cases, 160. — Ex 2)arte Hennen, 13 Peters, 230; 13 
Curtis, 135. — Gratiot vs. United States, 1 Court of Claims, 258. — 
Opinion of Attorneys General, III, 188. 

Constitutional discussions. Luc}' Salmon, The Appointing Power 
(Papers of the American Historical Association, Vol. 1), chs. i, ii, \- ; 
Joseph Story, Commentaries (5th edition), §§ 1524-1559; H. Von 
Hoist, Constitutional Law, § 58 ; J. N. Pomeroy, Constitutio)ial 
Law, §§ 180, 642-661 ; F. AVharton, Commentaries, § 614; W. O. 
Bateman, Political and Constitutional Lotv, § 295 ; G. M. Lamphere, 
United States Governynent, 264-276. 

HisTOKiCAL DISCUSSIONS. (See Guide, §§ 157, 167, 182.) J. J. 
Lalor, Cyclopaedia of Political Science, III, 565-569 ; Lucy Saln.o", 
The Appointing Power, chs. iii, iv, v!-Niii; .1. X. Comstock, Ciril 
Service in the United States; W. G. Sunnier, A)ulreiv Jackson, 145- 
149; T. H. Benton, Thirty Years' View, I, 159-163; James Par- 
ton, Life of Andrew Jackson, III, 206-227. 

Specimen questions. May Congress require the head of a depart- 
ment to state his reasons for a removal ? — May Congress create' an 
office to be held during good behavior? — May Congress require the 
President to appoint only persons who have passed a competitive 
examination? — ]M ay Congress bj' statute appoint specified j)ersons 
to any office ? 



55-57.] APPOINTMENTS. NULLIFICATION. 71 

§ 57. Paper No. 17: Nullification. [Cf. Papers No. G, 10, 12, 
26, 27.] 

Sources. Constitution of the United States. Preamble ; Art. 1, 
Sect. 2, § 4, Sect. 4, § 1, Sect. 8, § 15, Sect. 1-) ; Art. Ill, Sect. 2, 
§ 23, Sect. 3, § 1; Art. IV; Art. VI; Amends. X, XL— Hayne, 
in Congressional Debates, I^, 42-58 ; Johnston, Amerirnn Orations, 
I, 213-227; Bcniton, Abridgement, X, 423-449. —Wel:;!rr, in Con- 
gressional Debates, L, 58-80 ; Johnston, American Orations, I, 228- 
282; Webster, Works, III, 270-342, 449-505; A. II. Stephens, 
War betfreen the States, 1, 298-355. — Calhoun's Sontli CaroUna 
Exposition, in Maoris, VI, 1-58 ; Calhoun's Speech against Webster, 
in Johnston, American Orations, I, 196-212. — James Madison, 
Writings, IV, 18-20, 44, 80, 102, 196, 224. — Documents in Niles's 
Register, XLIII, Supplement. — Ordinance of NulHfication, in Pres- 
ton, Documents, 300-303 ; Niles's Register, XLIII, Supplement. 

Cases. Cnmmings vs. Missouri, 4 Wallace, 318, 319 ; J, B. 
Thayer, Cases, 1446. — Ex parte Milligan, 4 Wallace, 141, 142; 
J. B. Thayer, Cases, 2376. — Lane County vs. Oregon, 7 Wallace, 
76-78.— Texas vs. White, 7 Wallace, 720-726; J. B. Thayer, 
Cases, 302.— Legal Tender Cases, 12 Wallace, 532, 533, J. B. 
Thayer, Cases, 22n7.— Ex jMrte Siebold, 100 U. S., 385-399; J. 
B. Thayer, Cases, 326. 

Constitutional discussions. H. Von Hoist, Constitvtional His- 
tory of the United States, I, 396-408 ; A. H. Stephens, War beticecn 
the States, I, 335-342, 422-430 ; T. H. Benton, Thirtij Years' View, 
1, 334-362 ; Daniel Webster, Works, III, 448, 464 ; J. Story, Cow- 
mentaries (5th edition), I, Appendix. 

Historical discussions. (See Guide, § 184.) H. Von Hoist, 
John C. Calhotm, 96-103 ; J. J. Lalor; CyclojMedia. II, 234, 1050- 
1055; III, 734; T. H. Benton, Thirty Years' View, I, 138-149, 
167-180, 297-299; T. Eoosevelt, Thomas II. Benton, 88-105; 
N. ^SiYgeant, Public Men and Events, I, 169-174; II. C. Lodge, 
Daniel Webster, 171-204; G. T. Curtis, Life of Daniel Webster, 
I, 351-366 ; J. Schouler, History of the United States, III, 482-488; 
A. A. Wise, Seven Decades of the Union, 121-135 ; J. W. Draper, 
Civil War in America, I, 370-380. 

Specimen questions. May Congress under any circumstance 
annul a State statute? — Is it treasonable to refuse obedience to an 
act of Congress? — May a State constitutionally refuse to observe a 
national statute which has been held unconstitutional by the State 
Supreme Court? — INIay Congress compel a State Court to permit 
an appeal to the United States Supreme Coiu't ? 



72 WKEKLV PAPERS. [SECTS. 

§58. Paper No. 18: The general welfare. [Cf. Papers Nos. 
«, 23, 30.] 

Sources. Constitution of the United States^ Preanibk' ; Art. I, 
Sect. 1, Sects. «, 9; Art. Ill, Sect. 3, § 2; Art. IV, Sects, 3, 4; 
Art. VI. •'? 2 ; Amends. I-XI. — The Federalist. 

CoxsTrriTioNAL nisrrssiONS. Josepli Story, Commentaries, §§ 
907-032 ; S. F. Miller, Lectures on Constitxdional Law, 227-231 ; 
J. N. Poiiieroy, Constitutional Laic, §§ 273-270; II. Vou Hoist, 
Constitutional Law, § 3G ; J. I. C. Hare, American Constitutional 
Law, I, 241-2r)0; J. Ordronaux, Constitutional Legislation, 455- 
456 ; B. A. Hinsdale, The American Government, § 307 ; "VV. 
Hickey, The Coastilution of the United States, 8 ; W. O. Bateman, 
Political and Constitutional Law, §§ 205, 206; J. Tiffany, A Trea- 
tise on Government and Constitutional Laic, §§ 337-340. 

Historical discussions. This subject came up in the debates on 
the first National Bank {Guide, §§ 158, 159) ; on the Annexation of 
Louisianna {Guide, § 165) ; on the Embargo (Guide § 172) ; on in- 
ternal iii)i)rovements (Guide, § 175) ; on the Legal Tenders (Guide, 
^ 211) ; and on the Income Tax of 1894. 

Specimen (questions. iMay Congress appropriate money for a 
Xational University? — Mu}' Congress lay a tax on professions? — 
May Congress appropriate^ money fo'- the benefit of distressed 
authors? — May Congress appropriate money in furtherance of State 
t'ducation. 

§ 59. Paper No. 19 : Taxation and surplus revenue. [Cf. Pa- 
))ers Nos. 8, 13.] 

Sources. Constitidion of the United Slates, Art. I, Sect. 8, §§ 
1, 12, IH, Sect. 9, §§4, 5, 7; Art. IV, Sect. 3, § 2.— Clay's 
Report of April 15, 1830, in Benton, Abridgement, XI, 446. — 
Opinion of Jackson in Statesman's Manual, II, 740, 788, 900. — 
Jackson's Veto of Dec. 4, l-S,"),'), in Senate Journal, 2S Cong,, 1 Sess., 
21-31. — Distril)ution Act of June 23, 1836, in Statutes at Large, 
V, 52-56. — Debates in Benton, Abridgement, X, 583-586, 592-598, 
601-607,613-625; XI, 444-457, 481-507 ; XII, 24-27 ; XIII, 61, 
161, 182; XIV, 30y-361, 516-526. 

Cases. McCullough vs. Maryland, 4 Wheaton, 316; 4 Curtis, 
430, 431 ; J. B. Thayer, Cases, 271, 1340. — Pacific Insurance Co. 
vs. Soule, 7 Wallace, 433. — Providence Bank vs. Billings, 4 Peters, 
514; 9 Curtis, 171; J. B. Thayer, Cases, 1623. — Veazie Bank tt.s. 
Fenno, 8 Wcdlace, 533; J. B. Thayer, Cases, 1334. — Weston Vfi. 
Charleston, 2 Peters, 449-466; 8 Curtis, 171 ; J. B. Thayer, Cases, 
1346. — Gibbons vs. Ogden, 9 Wheaton, 1; 6 Curtis, 1; J. !>. 



f)«-r^().] GENERAL WELFAUE. TAXATION. 73 

Thayer, Caser., 1799. — Cole vs. La Grange, 118 U. S., 1; ,T. R. 
Thayer, Cases, 1240n. 

Constitutional discussions. .1. Story, Com,)n,entaries (Cooley 
editior,), §§ 90G-9.S4, 958-992, 1000-1001, lOU; J. N. Pomeroy, 
Constitutional Law, §§ 273-29;")c; T. M, Cooley, Constitutional Law 
(edition of 1880), 54-04; (edition of 1891), 53-();i ; J. I. C. Hare, 
American Constitutional Law, I, 241 ; F. Wharton, CoDimentaries, 
§§ 404-415 ; H. Von Hoist, Constitutional Ijaw, § 30. 

Historical discussions. (See Guide, §§ 158, 180, 197.) E. G. 
Rourne, The Surplus Bevenu(\ ehs. i-v, xii ; H. Von Hoist, Consti- 
intional History of the United States, II, 180-188 ; E. S. BoUes, 
Financial History of the United States, II, 547—548 ; T. H. Benton, 
Thirty Years' View, I, 275-279, 302-309, 049-658; II, 36; J. J. 
Lalor, Cyclopaedia of Political Science, II, 571; III, 1032-1038; 
N. Sargent, Public Men and Events, I, 205-208, 299; .1. Schouler, 
History of the United States, IV, 230. 

Specimen questions. May Congress lay taxes for the express 
purpose of distributing the proceeds among the States? — Might the 
States he compelled to refund the "deposits" made with them in 
l'S37? — May Congress lay a graduated tax upon the States, so as to 
secure more in proportion from lich States ? — May individuals refuse 
to pay taxes laid for the pui'pose only of accnimulating a surplus? 

§ 6o. Paper No. 20 : Constitutional and economic status of 
slavery. [Cf. Papers Nos. 2, 4, 2(», 22, 29.] 

Sources. Constittdion of the (^nited States, Preamble; Art. I, 
Sect. 2, § 1, Sect. 3, Sect. ,s, <$§ 1, 3, 4, 10, 17, 18, Sect. 9, §§ 1, 
4, Sect. 10, § 2; Art. Ill, Sect. 2, §§ 1, 3; Art. IV; Amends. V- 
X, XIII-XV. — Gov. McDuffle's message in American History 
Leaflets, No. 10. 

Cases. Dred Scott vs. Sanford, 19 Hoicard, 528 ; J. B. Thayer, 
Cases, 480. — Piigg rs. Pennsylvania, 10 Peters, 539; 14 Curtis, 
417; J. B. Thayer, Cccses, 470. — Kentucky rs. Gov. Dennison, 24 
Howard, GO; 4 Miller, 10; .1. B. Thayer, Cases, 195n. 

Constitutional discussions. (See Guide, §§ 187, 188, 191.) 

Economic discussions. Frederick Law Olmstead, The Seaboard 
Slave States (especially ehs. ill, viii, x) ; A Texas Journey (espec- 
ially eh. vii) ; The Back Country (especially ehs. ii, viii, x) ; The 
Cotton Kingdom (especially I, ehs. iv, v, II, ehs. v, vi, vii, viii. Appen- 
dix) ; Fanny Kemble, Life on a Georgia Plantation; Frederick 
Douglass, My Bondage and Freedom, and Life and Times; H. R. 
Helper, The Impending Crisis, ehs. i, viii, ix ; Nehemiah Adams, A 
South-Side View of Slavery; Bishop Hopkins, A Viev) of Slavery; 



74 WKKKLY I'APEl.'S. [SECTS. 

L. INI. F; Child, Authentic Anecdotes of American Shireri/; Levi 
Cofliii, Rerniniscenses; Solomon Xortlinip, Tireire Years a iSlare ; 
J. 1). DtlJow. hi(J list rial Resources of the South and West; II. Von 
Hoist, Constitutional History of the United States; III, ch. xvii, V, 
ch. x; John C. Calhoun 124-1S;3; Chnrlcs Elliot, Sinfullness of 
Amerinni Slarerii, II, Pt. Y, clis. i, ii, i;i, iv, vi ; H. Greely, The 
Ameriran ConjUct, I, t-lis. i. vi, xvi ; ]M. G. .McDouoall, Fiujitire 
Slaves; W. Goodcll, Slavery and Aiiti-Slavery ; W. Cli:inJ;ors, 
American Slarery and Colour; Henry Wilson, Rise and FaU of tl.e 
Slave Fairer in America, I. 

Si'KrnrEN qiestioxs. Was the Federal ooveinnient hound to take 
cognizance of Die existence of slavery in some of the states? — Did 
vessels sailino- from southern i)orts Avith slaves on board carry with 
them the states' laws on slavery? — Could the oovernnient of the 
United States le.uaily hold slaves? — Was the slave of an ambassador 
of the United States free, if brought by his master into a free state? 
— Was slaveiT an advantage to the large planters? — Did slavery 
make more i-apid the opening of lands to cultivation? — Did sUivei-y 
produce more for the white race in genei-al than they would have 
received under a system of white labor? — AVas slavery opjjosed to 
the improvement of agricultuial processes on large plantations. 

§ 6i. Paper No. 21 : Free speech, free press, and petition 
in Congress. [Cf. Paper No. 20.] 

SoiKcKs. Constitution of the United States, Art. I, Sect. 5, §§1, 
2; Art. VI, § r> ; Amends. I; IX; X. — John (Jnincy Adams, 3/e- 
moirs, IX, 350, XI, 109. — Jackson's Message of Dec. <s, 183r>, in 
Statesman's Manual, II, !)11-912 ; in Congressional Globe, II, 10. — 
Calhoun's Report of Feb. 4, 1836, in WorTxs,\, \'^0-'-2Vi>^. —Wow- 
ton, Abridfjement, XII, 705-711, 752,-759, 771. — Kendall's Cor- 
respondence, in Niles' Register, XLIX, 7-9. — T. H. Benton, 
Thirty Years' Vleiv, I, 574-588, 610-024. —Gag Resolutions in 
Gree'y, The American Conflict, I, 143-147 ; in Benton, Abridgement, 
XIII, 24-29, 557-572, 702-707. —Debates on the Censure of John 
Quincy Adams in Benton, Abridgement, XIII, 266-299. 
Cases. I'nited States vs. Cruikshank, 92 U. S., 542. 
CoxsTiTLTioxAL DISCUSSIONS. J. Story, Co7)i?»,ewtorie.s' (5th edition), 
§§ 1880-1899; H. Von Hoist, Constitutional Law, §§ 75, 76; F. 
Wharton, Commentaries, §§ 555, 556 ; T. M. Cooley, Constitutional 
Law (edition of 1891), 278-281, 283-293; Constitutional Limita- 
tions, ch. 12. 

Historical discussions. (Sec Guide, § 190.) H. Von Hoist, 
Constitutional History of the United States, II, 111-146. 2;;(;-267, 



(50-62.] SLAVEliY STATES. 75 

284-289, 467-484; G. T. Curtis, Life of James Buchanan, I, 
319-3r)7; Garrisons, Life of William Lloyd Garrison, I, 238-249; 
H. Voa Hoist, John C. Calhoun, 124-loO, ir,r)-184; H. Greely, 
The American Conflict, I, 143-146 ; H. Wilson, Rise and Fall of 
the Slave Power in America, I, 307-343, 394-403, 423-427 ; J. 
Schonler, Histor;/ of the United States, IV, 216-229 ; J. T. Morse, 
John Quincy Adams, 243-262, 306-308 ; J. J. Lalor, Cyclopaedia 
of Politiccd Science, All, 167-169; N. Sargent, Public Men and 
Events, 1, 306-307, II, 51-r)3, 254-257; G. P. Julian, Life of 
Joshua P. Giddings, 51, 116-125. 

Specimen questions. Is it a right of a citizen of the United 
States to have his petition to Congress read in the house where it is 
presented? — Can the United States refuse to deliver mail on suspi- 
cion that it contains unmailable matter? — May Congress exclude 
specified classes of petitions from the treatment accorded to other 
petitions? — ^fa}' either house of Congress forbid all of its members 
to speak on a pending question? 

§ 62. Paper No. 22 : Obligations of the States. [Cf. Papers 
Nos. 6, 10, 22, 29.] 

Sources. Constitution of the United States, Art. I, Sect. 2, §§ 1, 4, 
Sect. 3, § 1, Sect. 4, § 1, Sect. 8, §§ 16, 17, Sect. 10 ; Art. II, Sect. 1, 
§§ 1, 3; Art. IV; Amends. X; XIII-XV. 

Cases. Prigg vs. Pennsylvania, 16 Peters, 539; 14 Curtis, 417; 
J. B. Thayer, Cases, 476. — Kentucky ^•s. Dennison, 24 Howard, 66 ; 
4 Miller, 10; J. B. Thayer, Cases, 195n. — Dobbins vs. Commis- 
sioners of Erie, 16 Peters, 435 ; 14 Curtis, 370 ; J. B. Thayer, Cases, 
1352. — McCuUoch vs. Maryland, 4 Wheaion, 316; 4 Curtis, 415; 
J. B. Thayer, Cases, 271; J. Marshall, Writings, 160-188. — 
State Freight Tax Cases, 15 Wallace, 232; J. B. Thayer, Cases, 
1938. 

Constitutional discussions. J. Story, Commentaries, §§ 692-708, 
1017-1043, 1353-1409, 1804-1813, 1836-1843, 1965, 1966; J. N. 
Pomeroy, Constitutional Law, §§ 31, 103, 245, 252, 275, 308, 309- 
312 ; H. Von Hoist, Constitutional Laic, §§ 22, 35, 38, 81-84 ; T. M. 
Cooley, Constitutional Laic (edition of 1891), 16-18, 31, 44-48, 
69-74, 77, 78, 195-200; F. AVharton, Commentaries, §§ 409, 410, 
420, 421 ; S. F. Miller, Lectures on the Constitution of United States, 
573-600; J. Kent, Commentaries, 407-431. 

HisTOKiCAL discussions. (See Guide, §§ 143, 150, 156, 165, 174, 
184, 191, 206, 208.) 

Specimen questions. Are the States bound to elect senators? — 
Is there a reiiunly if States i-efuse to extradite eiiuiinals? — May 



7(! WF.KKI.V I'AI'EUS. [SECTS. 

Congress prescribe a duty to be performed by State ofHcials? — ^lay 
States make aureements for l)uilding joint railways? 

§ 63. Paper No. 23 : Extension of the Constitution over 
Territory. [Cf. Tapers Nos. 8, 11, 24]. 

801 la Es. Constitution of the United States, Preamble Art. I, Sect. 8, 
§§17,18; Art. IV, Sect. 3, § 2 ; Art. VJ, § 2 ; Amends. I ; VIII ; X.— 
Calhoun's resolutions of Feb. 1!), 1847, in WorTcs IV, 340-349, 498- 
499 ; in Congressional Globe, 29 Cong., 2 Sess., 453-455 ; in A. H. 
Stephens' War between the /States, II, 1()6-168. — Walker's amend- 
ment in Congressional Globe, 30 Cong., 2 Sess., 5(il. Debate on 
Walker's amendment in Congressional Globe, 30 Cong., 2 Sess., App. 
265-289 ; in Webster, Works, V, 302-312 ; in Calhoun, Works, IV, 
330-396. — StephenA. 'Doi\g\siSs in IIar2)er's Magazine (Sept. 1.S59), 
519-531; in Debates beticeen Lincoln and Douglass, 93-105; in 
Johnston's American Orations, II, 218-255, III, 17-27. — Abraham 
Lincoln in Johnston, American Orations, III, 3-17; in Debates 
hetioeen Lincoln and Douglass, 1—5, 14—24. 

Cases. Dred Scott ivs. Sanford, 19 Howard, 393; .1. B. Thayer, 
Cases, 480. — Tnited States vs. Gratiot, 14 Peters, 520 ; 14 Curtis, 
106. — Americtiii Insurance Co. vs. Canter, 1 Pelers, 511 ; 7 Curtis, 
685, J. B. Thayer, Cases, 1350. — Sere vs. Pitot, 6 Crunch, 332; 2 
Curtis, 423, .1. B. Thayer, Cases, 349. — National Bank vs. County 
of Yankton, 101 U. S. 129. — United States vs. Bevans, 4 Wheaton, 
337; 4 Curtis, 231. — Romney vs. United States, 130 U. S. 1. 

CoNS'irruTiONAL DISCUSSIONS. J. Story, Commentaries (4th and 
5th editions), §§ 1317, 1324-1328; H. Von Hoist, Constitutional 
Laiv, §§ 52, 53; J. N. Pomeroy, Constitutional Lan\ §§ 493-499; 
J. C. Hurd, Law of Freedom and Bondage, §§ 531-537; T. M. 
Cooley, Constilutional Laio (edition of l-SSO), 30-37, 164-168; 
(edition of 1(S'.)1), 35-30, 170-171 ; F. Wiiarton. (Commentaries, 
§§ 375, 464, 405 ; W. O. Bateman, Political and Constitutional, Law, 
§ 249; A. II. Stephens, War between the States, II, 100-108, 248- 
202; James Bryce, American Commomoeallh. eh. xlvii ; T. Farren, 
Manual of the Constitution, §§ 418-429 ; J. Ordronaux, Constitutional 
Legislation, 509-519 ; S. Miller, Lectures on the Constitution, 638, 
639; Timothy AValker, Lit rod ucl ion to American Lau\ ^jt 13-15. 

HiSTOKiCAi, DISCUSSIONS. (See Guide, §§ 150, 108, 178, 198.) 
H. Von Hoist, Constitutional History, III, 308, 322, 351, 385-401, 
422-430, 442-455; J. T. Rhodes, History of the United States, I, 
424-484; T. Donaldson, Public Domain, 50-88, 416-464; J. J. 
Lalor, Cyclopaedia of Political Science, III, 914-920; N. Sargent, 
Public Men and Events, II, 31.S-321, 337-341, 353-355; Theodore 



(>2-(i-i.] TERRITORIAL SLAVERY. 77 

Roosevelt, Thomas H. Benton^ ;U7-34:0; James Schouler, History of 
the United States, V, 97-100, 115-119, 157-190, 289-293; T. H. 
Benton, Thirtij Years' View, II, 696-700, 713-715, 721-726, 729- 
736 ; H. Von Hoist, Johyi C. Calhoun, 288-307 ; H. Greely, The 
American Confiict, I, 188-193, 259-260; G. T. Carter, Life of 
Daniel Webster, II, 360-373. 

Specimen questions. Are the inhabitants of a territory entitled 
to all the privileges and immunities enjoyed by inhabitants of a 
State? — May Congress deprive a territory of representative govern- 
ment? — May Congress dissolve corporations created by territorial 
law? — May Congress prohibit the exorcise of a particular religious 
faith in a territory ? 

§ 64. Paper No. 24 : Popular sovereignty. [Cf. Papers No. 8, 
11, 23.] 

Sources. Constitution of the United States, Art. I, Sect. 8, §§ 17, 
18; Art. IV, Sect. 3, § 2 ; Art. VI, § 2 ; Amend. XIII.— Leake's 
Proposition of Feb. 17, IS-il in Congressional Globe, 29 Cong., 2 Sess,, 
p. 444. — Dickinson's Resolution of Dec. 14, 1847 in Congressional 
Globe, 30 Cong., 1 Sess., 21, 27, 54, 157—160. — Cass's Nicholson 
letter of Dec. 24, 1847, in A. C. McLaughlin, Lewis Case, 232-233 ; 
in M. W. McClusky, Political Text-Book of 1860, 462-465. — Doug- 
lass's Report of J:in. 4, 1854 in Senate Reports, 33 Cong., 1 Sess., 
Vol. I, No. 15 ; in American History Leaflets, No. 17. — Appeal of 
the Independent Democrats, Jan. 19, 1854, in Congressional Globe, 
33 Cong., 1 Sess., Pt. I, 281-282; in American History Jjeaflets, 
No. 17. — S. A. Douglass in Johnston, American Orations, II, 218- 
255, III, 17-27. — 8. P. Chase in Congressional Globe, 33 Cong., 
1 Sess., App. 133-140; in Johnston, American Orations, II, 183- 
212. — Charles Sumner in Johnston, American Orations, II, 212-218. 
— Jefferson Davis, Resolutions of May 24, 1860 in Congressional 
Globe, 36 Cong., 1 Sess., Pt. Ill, 2310-2335. 

Cases. American Insurance Co. vs. Canter, 1 Peters, 511 ; 
7 Curtis, 685; J. B. Thayer, Cases, 350. — J. Marshall, Writings, 
373.— Dred Scott vs. Saudford, 19 Howard, 393 ; 2 Miller, 1 ; J. B. 
Thayer, Cases, 4>!0 (especially the dissenting opinions of JJ. McLean 
and Curtis); M. W. McClusky, Political Text-Book of 1860, 173- 
205. — National Bank ^I6•. County of Yankton, 101 U. S. 129. 

Constitutional discussions. H. Von Hoist, Constitutional His- 
tory of the United States, III, 354-358, IV, 291-402, especially 381- 
389; J. C. Hurd, Laws of Freedom and Bondage, §§ 347-351, 
502-505 ; A. H. Stephens, War between the Stales, II, 131-135, 
248-262; Reverdy Johnson, Remarks on Popidar Sovereignty; J. 



78 WEEKLY PAPERS. [SECTS. 

Story, Commentaries^ §§ 1322-1330; S. F. ^lillor, Lectures on the 
Constitution, 638-641 ; J.N. Pomeroy, Constitutional Law, §§ 394- 
408. 

Historical discussions. (See Guide, §§ 198-204.) H. Von Ilolst, 
Constitutional History of the United States, 1\ , 280-461; J. F. 
Khodc's, History of the United States, I, 419-498 ; W. T. Young, 
Life of General Cass, 302, 321, 325, 363, 371; AVoodrow AYilson, 
Division and Reunion, §§ 81-90 ; H. Greely, The American Conflict, 

I, 224-2.")6 ; J. S. Landon, Constitutional History of the United Slates, 
196-202; J. Sehouler, History of the United Stales, V, 280-289; 
.1. T. J>alor, CyclojMedia of Political Science, HI, 281-284; T. 
Koosevelt, Thomas H. Benton, 349-352; H. Wilson, Rise and Fall 
of the Slave Poiver in America, II, ch. xxx. 

Specimen questions. Would a territorial law piohibitinji; the entry 
of free negroes have been valid under Douglas's doctrine of popular 
sovereignty? — Could a territory, in conformity with Douglas's doc- 
tiine of popular sovereignty, have prohibited the sale of slaves brought 
from other parts of the Union? — Under the principles of popular 
sovereignty should the people have elected their own governor? — Did 
the doctrine of popular sovereignty logically give to the people of the 
territories control of the public lauds? 

§ 65. Paper No. 25 : Questions of citizenship. [Cf. Papers 
Xos. 20, 29.] 

Sources. Constitution of the United States, Art. I, Sect. 2, § 2, 
Sect. 3, § 3, Sect. 8, § 4; Art. Ill, Sect. 3, § 2; Art. IV, Sect. 2, 
iJ 1; Amends. I-IX ; XIV, Sect. 1. — B. R. Curtis, Monoir of B. 

II. Curtis, II, 213-305. — J. Buchanan, The Administration of 
James Buchanan, 48-50. — .1. C. Breckinbridge in Johnston, 
^Imerican Orations, III, 29-33. — S. A. Douglass in Johnston, 
American Orations, III, 17-27; iu Lincoln, Complete Worlds, I, 
313-350. 

Cases. Drcd Scott vs. Sandford, 19 Hoioard, 393 ; 2 MiUer, 1 ; 
.1. B. Thayer, Cases, 480; significant extracts in American History 
Leaf lets, ]<io. 23. — Slaughter House Cases, 16 Wallace, ^6; 111 U.S., 
716; J. B. Thayer, Cases, 516. — Houston vs. Moore, 5 WJieaton, 
1; 4 Curtis, 535. — Ward r.s. Maryland, 12 Wallace, 430; J. B. 
Thayer, Cases, 1410. — Corporation of New Orleans vs. Winter, 1 
Wheaton, 91 ; 3 Curtis, 47(1 ; J. P.. Thayer, Cases, 350. — U. S. vs. 
(!niikshank, 92 U. S., 542. 

Constitutional discussions. J. Story, Commentaries, §§ 1102- 
1104, 122.3-1227, 1932-1964; J. N. Pomeroy, Constitutional Law, 
256a-256f ; F. Wharton. Cnuimoifdries, 4JS 263, 431-438, 520, 585 ; 



64-66.] CITIZKNSIIII'. SECESSION. 79 

J. W. Burgess, Political Science and Constitutional Late, I, 184-252 ; 
H. Von Hoist, Constitutional Law, §§ 78, 83-87; T. M. Cooley, 
Constitutional Law, 79-80, 207-210; S. F. Miller, Lectures on the 
Constitution, 275-308 ; J. Tiffany, A Treatise on Government and 
Constitutional Law, 371-372, 380-385; I. B. Richinan in Political 
Science Quarterly, V, 104-123 ; W. L. Scruggs in Political Science 
Quarterly, I, 199-205 ; J. J. Lalor, Cyclopaedia of Political Science, 
II, 823-831; E. C. Mason. The Veto Poiver, §§ 33-45; W. O. 
Bateman, Political and Constitutional Law, §§ 155-156, 161-163, 
288n. 

On the Dred Scott Case see especially T. H. Benton, Examination 
of the Dred Scott Decision; S. A. Foot, Aji Examination of the Case 
of Dred Scott against Sandford ; Gray and Lowell, A Legal Review 
of the Case of Dred Scott. 

Historical discussions. H. Von Hoist, Constiliitional History of 
the United States, VI, 1-47 ; S. Tyler, Memoir of li. B. Taney, 373- 
391 ; J. J. Lalor, Cyclopaedia of Political Science, I, 838-841 ; H. 
Greely, The American Conflict, I, 251-279 ; H. Wilson, Rise and 
Fall of the Slave Power, II, ch. xxxix ; J. Davis, Rise and Fall of 
the Confederate Government, I, 83-85. 

.Specimen questions. Does an alien admitted to vote in Alabama 
thereby acquire any rights in New York ? — Was Dred Scott ever a 
citizen of Missouri ? — Was Dred Scott ever a citizen of Illinois ? — 
Was Dred Scott ever a citizen of the United States? 

§ 66. Paper No. 26 : Secession. [Cf. Papers Nos. 5, 6, 10, 17, 
■22. -21, 28.] 

Sources. Constitution of the United States, Preamble ; Art. I, 
Sect. 8, §§ 1, 10-18 : Art. HI, Sects. 2, 3 ; Art. IV, Sect. 4 ; Art. VI, 
§ 2 ; Amends. IX ; X ; XIV. — Ordinances of Secession and other Doc- 
uments in American History Leaflets, No. 12. — Lincoln's Inaugural 
Address and First Message to Congress in American, History Leaf- 
lets, No. 18.— Ordinances of Ratification (1789-1790) in P. C. 
Centz, Republic of Rej>uhUcs, 523-528 ; in W. Hickoy, The Constitu- 
tion of the United States of America, ch. iv ; in Elliot, Debates, V, 
319-335. — Contemporary Speeches in Johnston, American Orations, 
II, 46-135 ; III, 49-124. — Southern Arguments in A. H. Stephens, 
War between the States, I, 17-49, 441-452, 495-539 ; II, 5-15, 26- 
34, 263-271 ; J. Davis, Rise and Fall of the Confederate Govern- 
ment, I, 168-176. — Contemporary Documents in Annual Cyclo- 
paedia (1861-1865) ; in E. McPherson, PoUticcd History of the Re- 
hellion; in Pike, i^/r,s< Blows of the Civil War; in F. J. Stimson, 
American Statute Laic, ?}§ 191. 192. 



so WEEKLY I'A1M:KS. [SECTS. 

Cases. Texas vs. WliiU'. 7 Wallace, 700; J. B. Thayer, Cases, 
302. — White vs. Hart, 1:3 Wallace, 64G ; J. B. Thayer, Cases, 
259.— Keith vs. Clark, 92 L\ .S., 461. — Sprott vs. U. S., 20 
W^rtZ/ace, 459. 

Constitutional discussions. .1. Story. Commentaries (4th and 
5th editions), §§ 351-357, 467-481 ; T. M. Cooley, Constitutional 
Law, 25-28; H. Von Hoist, Constihdiotial Latv, § 12; Constitu- 
tional History, 1, l-G.') ; .1. C. Hurd, Theory of our National 
E.vistence, 88, 105, 145, 286; J. Buchanan, The Administration on 
the Eve of the Rebellion, 86-98; W. O. Bateman, Political and Con- 
stitutional Law, 137-142 ; F. Wharton, Commentaries, §§ 374, 594n ; 
W. Rawle, A View of the Constitution, 295-310 ; S. G. Fisher, Trial 
of the Constitution, 160, 167; J. Kent, Commentaries, §§ 201-221; 
J. 1. C. Hare, American Constitutional Iaiw, 64—93. 

Historical discussions. (See Guide, §§ 205-208.) R. H. Dana, 
Wheaton's International Law, note 32 ; J. F. Rhodes, History of the 
United States, III; G. T. Curtis, Life of James Buchanan, 11, 
ch. XV ; J. T. Morse, Abraham Lincoln, I, eh. viii ; H. Greely, The 
American Conflict, 1, ch. xxii; J. J. Lalor, Cyclopaedia of Political 
Science, HI, 693-702; J. W. Draper, History of the Civil War, I. 
chs. xxvii, xxviii ; T. S. Goodwin, Natural History of Secession, 
chs. xxvi, xxvii ; Compte de Paris, History of the Civil War in 
America, I, 113-116; E. A. Pollard, The Lost Cause, 84-86; J. 
Davis, The Rise and Fall of the Confederate Government, 1, 70-77, 
168-177, 185-192; J. G. Blaine, Ttventy Years of Congress, 1. chs. 
X, xi ; J. Schouler, History of tlw United States, V, ch. xiv ; S. S. 
Cox, Three Decades of Federal Legislation, 101-108 ; H. Wilson, 
Rise and Fall of the Slave Power, III, 1-10, 109-126. 

Specimen questions. Had Texas any greater constitutional rii^lit 
of secession than South Carolina? — Granting the right of secession, 
did Fort Sumter revert to South Carolina? — Did seceding stales 
carry with them privileges gained by U. S. treaties? — Did Virginia 
reserve a riglit of secession in 1 7.S.S ? 

§ 67. Paper No. 27 : Means of executing the laws. [Cf. Pa- 
pers Nos. 10, 28, 29.] 

Sources. Constitution of the United States, Art. I, Sect. 4, § 2. 
Sect. 8, §§ ], 2, 10, 11, 15, 16, 18, Sect. 9, § 6, Sect. 10, §§ 1-3; 
Art. IV, Sects. 2, 4; Art. VI, § 2.— T. Jefferson, Wriltngs, II, 
165, V, 38-41.— Buchanan's Message of Dec. 3, ISCO in Con- 
(jressional Globe, 36 Cong., 2 Sess., Part 1, 294-295, Part II, App. 
1-4 ; J. Buchanan, The Administration on the Eve of the Rebellion, 
108-134. — .1. S. Black in O^yinions of the Attorney General, IX, 



^)(>-(37.] COERCION. ,Sl 

516—526. — Gen. Scott's views in J, Buchanan, The Admihistra lion 
on the Eve of the Rebellion, 99-10^^. — South C'aroUna Correspondence 
in Congressional Globe, 36 Cong., 2 Sess., 817-819. — Lincoha's 
Views in American History Leaflets, Nos. 12, 18; in A. Lincoln, 
Comjilete WorJcs, II, 32-33, 55-66 ; in Congressional Globe, 37 
Cong., 1 Sess., App. 1-4. — D. Webster, TForrcs, III, 448-505.— 
J. C. Calhoun, WorTis, II, 262-309. —Acts of May 2, 1792, Feb. 
28, 1795, March 3, 1807, July 29, 1861, May 31, 1870, April 20, 
1871, in Statutes at Large, I, 264, 424; II, 443; XII, 281-282; 
XVI, 140-146 ; XVII, 13-15. 

Cases. Martin vs. Mott, 12 Wheaton, 19; 7 Curtis, 10; J. 15. 
Thayer, Cases, 2290. — Luther vs. Borden, 7 Hotvard, 1 ; 17 Curtis, 
1; J. B. Thayer, Cases, 192, 254, 2352, 2391.— Texas vs. White, 
7 Wallace, 700; J. B. Thayer, Cases, 302. — Houston vs. Moore. 5 
WJieaton, 1 ; 4 Curtis, 535. — Marbnry vs. Madison, 1 Cranch, 137 ; 
1 Curtis, 368; J. B. Thayer, Cases, 107. — United States rs. 
Dunn, 120 U. S., 252. — Kendall vs. United States, 12 Peters, 
524; 12 Curtis, 834. —Prize Cases, 2 Black, 668; 4 Miller, 880; 
J. B. Thayer, Cases, 2339. — 1 Opinion of Attorneys General, 
180-181. 

Constitutional discussions. J. Story, Commentaries, §§ 4'.)(i- 
492, 1404, 1564, 1799-1801 ; T. M. Cooley, Constitutional L<nr 
(edition of 1880), 100 ; (edition of 1891), 103 ; Constitutional Limi- 
tations, 29; J. N. Pomeroy, Constitutional Law, §§ 121—150, 4;U- 
436, 662-668; F. Wharton, Coinmentaries, §§ 378, 502-503; .1. 
Kent, Commentaries, I, 283-284 ; H. Von Hoist, Constitutional Law, 
§§ 11, 19, 44; W. O. Bateman, Political and Constitutional Law, 
§§ 122-124, 135, 247, 289; J. Davis, Rise and fall of the Con- 
federate Government, I, 325-326 ; S. F. Miller, Lectures on the 
Constitution, 154-156; J. J. Lalor, Cyclopaedia of Political Science, 
II, 131-136, 542-546 ; III, 532 ; J. I. C. Hare, American Consti- 
tutional Late, 905-940 ; J. Tiffany, A Treatise on Government, 
328-329 

Historical discussions. (See Guide, §§ 208-210.) H. \'<iii 
Hoist, Constitutional History of the United States, I, ch. xii ; VII. 
ch. ix ; J. F. Rhodes, History of the United States since 1850, III : 
J. C. Kopes, Story of the Civil War, I, ch. ii ; G. T. Curtis, Life o/ 
Jamea Iiii<-Jiinian, II, 330-365; J. T. Morse, Abraham, Lincoln, 
ch. viii ; .1. V>'. Draper, History of the Civil War, I, chs. xxi, xxxi ; 
H, Greely, The American Conflict, I, ch. xxiv ; ,1. Davis, The Risr^ 
and Fall of Ihr Confederate Government, I, 177-180, 251-258, 325- 
328; A. H. Stephens, The War between the States. I. 419-177; 



62 AVKKKLV TAPEKS, [SECTS. 

.]. Schouler, Hiatonj of tin- I'nited States, V, 47'.l ; W. C Sumuer, 
Andre IV Jackson, eh. x. 

Specimen (^le-stions. Could Bucluuuin constitutionally have sent 
a force to disperse the Montgomery government in Fehrurary, 1861? 

— Was there any remedy for the suspension of the United States 
Courts in South Carolina in December, 1860? — Could Lincoln consti- 
tutionally have ordered Anderson to arrest Gov. Pickens for treason 
in April, 1861? — Could Lincoln have delivered United States mails 
in Virginia under armed escort in July, i<s()l ? 

§ 68. Paper No. 28 : War powers of the President. [Cf . Pa- 
pers Nos. 10, 27, 'M).^ 

Sources. Constitution of the United /States, Preamble. Art. I, 
Sect. 1, Sect. 8, §§ 11, 15, Sect. 9, §§ 2, 6, Sect. 10, § 3 ; Art. II, 
Sect. 1, §§ 1, 7, Sect. 2, § 1, Sect. 3. — President Lincoln's Inaugural 
Message and Proclamations, in Works, II, 1-7, 11-22, 34-36, 239; 
in American History Leaflets, No. 12 ; in Anymal Cyclojxiedia (1861), 
(>()()-607 ; m Conxjressional Globe, 36 Cong., 2 Sess., 1433-1435; 37 
Cong., 1 Sess., App. 1-4. — Speech of J. A. Bayard on Executive 
Usurpation in Congressional Globe, 37 Cong., 1 Sess., App. 12-19. 

— Speech of M. S. Latham in Congressional Globe, 37 Cong., 1 Sess., 
19-22. — Statute of July 13 and 22, 1861, in Statutes at Large, XII, 
255, 268. 

Cases. Ex parte Merryman, Taney's Reports, 246 ; J. B. Thayer, 
Cases, 2361. — Flemming vs. Page, 9 Howard, 603 ; 18 Curtis, 278. 

— United States vs. Eliason, 16 Peters, 291; 14 Curtis, 304. — 
Mississippi vs. Johnson, 4 Wallave, 475 ; J. B. Thayer, Cases, 196. 

— Kendall vs. United States, 12 Peters, 524; 12 Curtis, 834. — 
Martin vs. Mott, 12 Wheaton, 19; 7 Curtis, 10; J. B. Thayer, 
Cases, 2290. — Luther vs. Boiden, 7 Howard, 1 ; 17 Curtis, 1 ; J. B. 
Thayer, Cases, 193, 254, 2352, 2391. — Texas vs. White, 7 Wallace, 
700 ; J. B. Thayer, Cases, 302. — Houston vs. Moore, 5 Wheaton, 1 ; 
4 Curtis, 535. — 9 Opinion of Attorneys General, 524. 

Constitutional discussions. J. Story, Commentaries, §§ 1329, 
1564; J. N. Pomeroy, Constitutional Law, §§ 447-453, 662-668; 
II. Von Hoist, Constitutional Laio, §§ 11, 4.S; W. O. Bateman, Po- 
litical and Constitutional Laic, § 135 ; T. M. Cooley, Constitutional 
Law (edition of 1880), 100; (edition of 1891), 103; F. Wharton, 
Commentaries, §§ 378, 502-503 ; J. Kent, Commentaries, I, 283-284 ; 
S. F. Miller, Lectures on the Constitution, 154-156; J. I. C. Hare, 
American Constitutional Law, 905-940; J. Tiffany, A Treatise on 
Government, 328-329; J. J. Lalor, Cyclopaedia of Political Science, 
\\, 131-136; W. A. Dunning, T lie Constitution of the United States, 



67-n!).] RECONSTRUCTION. 83 

in the Civil War, in Political ^Science Quarterly, I, 103-196; W. 
Whiting, War Powers under the Constitution, of the United States, 
66-82, 15!)-216. 

Historical discussions. (See Guide, §§ 208-210.) J. F. Rhodes, 
History of the United States since 1850, III ; G. T. Curtis, Life of 
James Buchanayi, II, 3 3 0-3 G 5 ; J. C. Ropes, Story of the Civil TFar, 

I, chs. v-vii; J. T. Morse, Abraham Lincoln, I, chs. vii— viii; 
J. Davis, Rise and Fall of the Confederate Government, 1, 263-328 ; 
J. W. Draper, History of the Civil War, I, 558-567 ; E. A. Pollard, 
The Lost Cause, 103-111 ; H. Greely, The American Conflict, I, 
428-458 ; A. H. Stephens, The War between the States, II, 34-44, 
344-355 ; Compte de Paris, The Civil War in America, I, 140-148 ; 
J. G. Blaine, Twenty Yea,rs in Coufjress, I, 292-300. 

Specimen questions. May a President carry on military operations 
without a declaration of war? — Could the President have arrested 
and confined a member of Congress during the Civil War? — Could 
the President order the confiscation of property as a war measure ? — 
Could the President suspend the operations of law of a loyal state, 
on the ground that it was an impediment to military operations? 

. § 69. Paper No. 29 : Questions of reconstruction. [Cf. Papers 
Nos. 22, 26, 27, 30.] 

Sources. Constitution of the United States, Art. I, Sect. 2, §§3, 4, 
Sect. 3, §§ 1, 2, Sect. 4, § 1, Sect. 5, §§ 1, 2, Sect. 7, § 2, Sect. 10; 
Art. II, Sect. 2; Art. Ill, Sect. 2; Art. lY, Sect. 2, § 1, Sect. 3, 
§ 1, Sect. 4; Art. V; Art. VI, § 2; Art. VII; Amends. IX ; X ; 
XIII-XV. — Lincoln's Proclamation of Sept. 22, 1862, in Wo7-ks, 

II. 239; in Aniiual Cyclopaedia (1861), 725-726; Proclamation of 
Jnn. 1, 1863, in Worhs, II, 287-288. — Contemporary Speeches in 
Johnston, American Oralions, III, 249-311. — Acts of April 9, 1866, 
July 16, 1866, March 2, 1867, March 23, 186.7, July 19, 1867, June 
22, 1868, June 25, 1868, July 6, 1868, July 25, 1868, in Statutes at 
Large, XIV, 37, 173, 428; XV, 2, 14, 72, 73, 83, 193.— Johnson's 
Vetoes in Congressioncd Globe, 39 Cong., 1 Sess., 168, 279, 1024; 
39 Cong., 2 Sess., 563; 40 Cong., 1 Sess., 98, 232, 240; 40 Cong., 
2 Sess., 699, 759, 900, 931. — E. McPherson, History of the Recon- 
struction, Pts. I, II. 

Cases. — Mississippi vs. Johnson, 4 Wallace, 475; J. B. Thayer, 
Cases, 196.— W^hite vs. Hart, 13 Wallace, 646; J. B. Thayer, 
Cases, 259.— Keith vs. Hart, 97 t7. S. 461.— Texas vs. White, 
7 Wallace, 700 ; J. B. Thayer, Cases, 302. 

Constitutional discussions. J. Story, Commentaries (Cooley edi- 
tion), §§ 1915-1975 ; H. Von Hoist, Constitutional Law, §§ 5 n., 13, 



N4 WEEKLY I'AI'EKS. [SECTS. 

80; J. Tiffany, A Treatise on Government, 316-322 ; J. Ordronaux, 
Constitutional Legislation, 138-139 ; J. I. C. Ilaro, American Con- 
stitutional Law, 131, 509, 747, 948; 'J\ .AI. Cooley, Constitutional 
Zaw (edition of 1880), 172, 173, 197; (edition of 1891), 178, 179, 
205; E. C. 3Iason, The Veto Foiver, §§30, 34; W. A. Dunnin.^, 
The Const it i(t ion of the United States in Reconsfructioti, in Political 
Science Quarterly, II, 558-002. 

Historical DISCUSSIONS, (i^ee Guide, §>J 215-217.) W. H. Barnes, 
History of the Thirty-Ninth Congress, ehs. iii, vi-xiii, xvii-xx, xxii ; 
Woodrow AVilson, Division and Reunion, §§ 124-142 ; J. L. Landon, 
Constitutioncd History and Government of the United Stcdes, 202-341 ; 
X. Johnston, History of the United States, 245-272; J. J. La'or, 
Cyclopaedia of Political Science, III, 540-556 ; E. Stanwood, His- 
tory of Presidential Elections, 236-276 ; S. Sterne, Constitutional 
History and Political Development of the United States, 200-207 ; 
E. L, Pierce, Life of Charles Sumner, III, cli. xxi ; J. G. Blaine, 
Twenty Years in Congress, II, 3-465 ; II. Wilson, Rise and F<dl of 
the Slave Poioer in America, III, 603-<);)O. 

Stkcimen questions. May a State forfeit its privileges in the 
Union while remainino; a State of the Union? — Conld the two Ilonses 
of Congress refuse to admit Massachusetts Senators and Repie- 
sentatives to Congress? — May Congress divide a State whieh is in 
arms against the government without its consent? — Could Congress 
have affixed as a condition of the entrjince of Utah into tlie rnion 
that it ratify an amendment to the fedei-id constitution proliihitina- 
pol^'gam}' ? 

§70. Paper No. 30: The police power. [Cf. Pnpers Nos. «, 
18, 22, 29.] 

Sources. Constitntion of the United States, Art. I. vStct. 8, §§1, 
3, 8, 18, Sect. 10, §§ 1, 2; Art. Ill, Sect. 2, § 1 ; Art. IV, Sect. 1, 
§ 2, Sect. 3, § 2; Art. VI, § 2; Amends. IX; X; XI; XIV.— 
Interstate Commerce Act of Feb. 7, 1.S.S7, Stcdutes at iMrge, XXIV", 
379-387.— F. ,). Stimson. American Statute Laiv, §§ 391-396, 462, 
473-475, 510. 

Cases. Prigg ^^s. IVnnsylvania, \i\ Peters, i^'iSS) ; 14 Curtis, All ; 
.]. B. Thayer, Cases, 47(;.— Civil Rights Cases, 109 U. S., 3; 
.1. B. Thayer, Cases, 554. — Brown vs. Maryland, 12 Wheaton, 419 ; 
7 Curtis, 262 ; .1. B. Thayer, Cases, 1826. — License Cases, 5 How- 
ard, oOA; 16 Curtis, 513; J.B.Thayer, Cases, 1851. — McGuire 
vs. Commonwealth, 3 Wcdlace, 387. — Beer Co. vs. Massachusetts, 
97 U. S. 25 ; J. B. Thayer, Cases, 757. — Bowman vs. Chicago and 
Northwestern Railroad, 125 U. S. 465; .1. B. Thayer, Cases, 2080. 



69-70.] POLICE POWER. .Sf) 

— Kansas vs. Ziebold, 123 U. S. 623 ; J. B. Thayer, 782. — McCul- 
loch m-. Maryland, 4 Wheaton, 316; 4 Curtis, 415; J. B. Thayer. 
Cases, 271, 1340. — Shxughter House Cases, 16 Wallace, 36; J. B. 
Thayer, Cases, 516. — Plumley ws. Commonwealth, 15 Supreme Court 
Reporter, 154; J. B. Thayer, Cases, 2173. — J. B. Thayer, Cases, 
693n. 

Constitutional discussions. J. Story, Commentaries, 1073 and 
note, 1954; T. M. Cooley, Constitutional Law, 65, 66, 69-74, 75, 
238-248, 320-324 ; Constitutional Limitations, 704-746 ; II. Von 
Hoist, Constitutional Imw, 142 ; J. N. Pomeroy, Constitutional Law, 
§§4, 256(7, 329-385; J. I. C. Hare, American Constitutional Iavw, 
273, 274, 454-457, 466, 477, 479, 488, 530, 536, 539, 616-621, 
700,761-778,780-781,909,911,929,968,1120, 1141, 1146; J. 
Ordronaux, Constitutional Legislation , 469-470 ; S. F. Miller, Lectures 
on Constitutional Law, 481, 576, 659 ; J. Tiffaii}', A Treatise on Gov- 
ernment, 60; J. Kent, Commentaries, II, § 340, n. 2; J. J. Lalor, 
Cyclopaedia of Political Science, III, 212-216 ; C. S. Patterson, The 
" Original Package" Case in Annals of the American Academy of 
Political and Social Science, I, 192-202. 

Historical discussions. 

Specimen questions. May Massachusetts exclude foreign immi- 
grants on the ground that they may Ijecome a charge to the State? — 
May Indiana prohibit the sale of beef not slaughtered within that 
State ? — May New York forbid the use of imported tobacco ? — May 
Texas impose a tax on Boston commercial travellers ? 



VI. 
SPECIAL REPORTS. 

§ 71. Purpose of the exercise. In courses in Avhich there is a 
great demand upon the libraries, it is not feasible to require all 
students to delve for themselves in a large collection of books, in 
prei)aration for the lectures. This necessary part of the historical 
training is therefore to be sought in the special reports. In prepaiing 
them, students are expected to find out for themselves things not 
stated in any of the general books. The system will introduce them 
to the most valuable authorities ; it will make them familiar with the 
sources of information on American history ; it is intended to develop 
their powers of analysis and statement, and to interest Ihem in the 
unsettled questions of our history. 

To each student, from time to time, w'ill therefore be assigned a 
very limited sjjecial topic, on which he is expected to make a con- 
densed report, based upon original authorities. The result ordinarily 
need not be stated in literary form, but may be more like a brief, loith 
exact reference to the authorities used on all signillcant points. The 
work of preparation is to be done under the personal direction, and 
to the satisfaction, of an assistant specially assigned for the purpose, 
acting under the instructor's guidance. 

In the special dii-ections below will be found suggestions on re{)oits 
on the following subjects : bibliography (§ 77) ; legislation, ( «0) ; 
constitutional questicms, (§ h;5) ; statistical questions, (§ 86) ; geo- 
graphical questions, (§ 8*.)) ; slavery questions, (§ i)l) ; and bio- 
graphical questions, (§ 93). These are intended to be used in 
connection chiefly Avith the narrative courses. The rejjorts on gov- 
ernment (§ 95), are to be ])repaie(l in connection with descriptive 
courses. 

In assigning reports particular pains will be taken to see that no 
two students have the same subjects ; and as far possible topics 
will be chosen, especially in government, Avhich have not before l)een 
worked out. There are many interesting })oints in American history 
and goveniment which have never been examined by any scholar, and 
there is, therefore, an opportunity for some distinctly original work. 

8(; 



SECTS. 71-74.] DISTRIBUTION. 87 

111 assigning reports, as much attention as possible will be paid to 
the preference of the student, as indicated in his application on 
entering the course. But if any student finds in the lists printed be- 
low, or elsewhere, a particular subject which he wishes to have assigned 
to him, he may hand in a written request to that effect. It is im- 
possible to assign subjects all of equal difficulty and importance. 
Sometimes the question set may prove extremely barren. In such 
cases a reassignment will be made. 

§ 72. Summer School reports. In the summer school course 
four special reports will be expected upoii the following sub- 
jects : 

1. A bibliography of a public man : § 77. 

2. A legislative history of an Act of Congress : § 80. 
.3. A constitutional inquiry : §83. 

4. A statistical inquiry: § 86. 

The subjects will be given out at the beginning of the course and 
may be prepared at any convenient intervals during the six weeks ; 
or the3^ may all be prepared in the last two weeks of the course. 
Students are urged to pay special attention to this course, as train- 
ing them for teaching in the future. 

§ 73. Teachers' Course reports. In the teachers' course the 
subjects will be the following : 

1. The bibliography of a public man: § 77. 

2. The historical geography of a state : § 8i). 

3. The attitude of some public man upon an important public 

question : § 93. 

4. The workings of some national institution: §§ 103-105. 

§ 74. History reports. In the course in United States history 
(History 13) five reports will be required from each student, two in 
the first half-year and three in the second half-year ; but students 
who attain a high grade of excellence on the first four reports, thus 
showing that they have acquired the system, may be excused from 
the fifth report. 

The topics will be given out at least a month before reports are duo. 
It is expected that students will put upon the special report woric 
from one-third to one-quarter of the whole time spent upon the 
course ; and no student will receive a pass mark in the course 
who has not gained at least a passing grade on this part of the 
work. 

All reports will be due at 5 p.m. of the day set — or, if it fall on 
Sunday, of the following day. Unless a previous arrangement ha^A 
been made with the instructor or assistant, no overdue reports will 



88 SPECIAL REPORTS. [SECTS. 

be received, except with the Recorder's stamp, showing that the delay 
is excused at the College office. 
The subjects will be as follows : 

1. Due November I : Tlie bibliography of a public man: 

H 76-7!). 

2. Due .Tanunnj .'> : The leoislative histoi-y of ;ui Act of 

Congress : §§ HO-82. 
8. Due April 1 : A constitutional inquiry : §§ 83-85. 

4. Due May 1 : A study of some phase of slavery: §§91, 

1)2. 

5. Du(^ Juve 15: A statistical inquiry: §§ 86-88. 

§ 75. Government reports. In the College course on government 
(Government 12), the special reports constitute a more considerable 
part of the year's work, inasmuch as the reading is more difficult to 
an-ange. Eight special reports will, therefore, be called for, four in 
each half-j^ear. As the students are more advanced and the topics 
more numerous and more closelj' related with the subject matter of 
the course, it is expected that great attention will be paid to the 
special reports ; but students are warned against trying to write 
elaborate and exhaustive theses upon these subjects. The topics will 
be as follows : 

1 . Due November I : Some phase of American political 

methods: §§ 97-100. 

2. Due January o: The actual workings of some part of 

the state government: § 101. 

3. Due February 15 : The actual workings of some part of 

the local government : § 102. 

4. Due December 1 : The actual workings of some part of 

the national government : §§ 103-105. 

5. Due March 15: The actual workings of some territorial 

function : § lOCi. 

6. Due Aj)ril 15: The actual workings of some financial 

function : § 107. 

7. Due May 15: Some phase of the workings of the com- 

mercial system : § 108, 
)S. Due June 15: Some phase of the workings of the war 
power, treaty power, or police powers: §§ 100-111. 
Overdue reports will be received 0}ily with the Recorder's stamp, 
showing that the delay has been excused at the College office. 

§ 76. General directions for special reports in history. For the 
convenience of the instructor in handling the repoits, and for the 
training of students in methodical habits of work, and in order to 



74-76.] C40VERNMEXT. 89 

accustom them to arrange their material for others' use, the following 
general directions will be found important. Students will be held 
responsible for following them out carefully. Particular directions 
and suggestions for each report will be found Ijelow : 

1. Assignment. So far as possible the })reference of the student 
for a particular line of investigation will be consulted ; for this pur- 
pose students are required when they enter any of the cour-ses to fill 
out a blank form with an account of their previous study, and a list 
of preferred topics. Any student may exchange topics with another 
or may take up a new subject, by the consent of the assistant, — 
record to be made of every such change. 

2. Authorities. Unless otherwise specified, students will be 
held responsible only for such information as may be had from the 
following collections : 

(a) The card catalogue and encyclopaedias and dictionaries, in 
the Deliver}' Room of the Harvard College Library. 

(6) The bibliographies and other aids, in the Reading Room. 

(c) The reseived books in Colonial and United States history ; 
and the general books on government, in the Reading Room. 

(cZ) Congressional documents and the records of the debates of 
Congress, in the Reading Room. 

(e) The Evans Reference Library in Ignited States history, in 
University 14. 

The usual arrangement of the books is alphabetical!}' by authors, 
beginning at the range farthest to the left, running up that range, 
from the bottom to the top, then passing to the bottom of the next 
range to the right, and so on. 

3. Assistance. It is a principle of the whole work that the 
actual search for the books must be done by students themselves. 
No assistance or guidance will be tolerated in this exercise. When- 
ever, after a faithful attempt, students are not able to bring to light 
sufRcient information on their subject, or meet contradictions or 
difliculties which they do not know how to explain, they are expected 
to apply to the assistant. The library officials must not be appealed 
to to furnish material, or to show students how to use catalogues 
and other aids. The assistant will cheerfully help those who need 
his aid. It is not desired that a student should be discouraged at 
the outset for want of guidance ; nor that he should avoid the lesson 
which the exercise is meant to teach — the independent use of books 
and aids. 

4. Conference. All students are required to report to the 
assistant whe^i they begin ivorJc ^ipon their topic, and at least once 



90 SPECIAL UEPOKTS. [SECTS. 

during the progress of their work, so that he may know what they 
are doing; and in addition they must submit to liim tlieir notes or 
completed leport for his approval before handing in tlie jeport. 
These recpiirements are absolute ; no report will be credited to a 
titudent indes.s it bear the assistant's mimde of tioo conferences 
and approval. 

5. Mktiiods. As one of the principal objects of the special report 
work is to train students in arijuiring information on any subject, 
with the greatest economy of time, and the greatest clearness of 
result, every student is urged to think out a metliod for himself. A 
very convenient way is to take notes on loose sheets, each piece of 
paper being devoted to some branch of the general subject; the 
information gained from different books is thus assembled in a classi- 
fied form, and when the sheets are arranged, the material for tiie 
condensed report is V)rought together in logical order. In all cases, 
exact referi'urcs to volume and x)age must support all important state- 
ments. No rei)orts will be accepted in which references are lacking 
or indefinite. PLxcept in the bibliographical report (§77) every 
reference must be to a book or passage which the student has seen 
himself. If there are serious discrepancies between authorities, thev 
should be pointed out. The effort will be made to assign only topics 
on which there is positive information ; but if a diligent search in 
the books suggested brings nothing to light, the work will be as 
readily accepted as though something had been found. The speci- 
men reports (§§ 79, 82, 85, 88) will suggest proper forms of 
reference. In giving authorities the author's name should precede 
the title. 

6. FoHM OK TiiK uKi'oKT. All the reports are to be handed in 
on the sheets with jn-inted headings, on which topics are handed out. 
Dates should be entered in the naiTOw outside column ; subject mat- 
ter only in the middle, broad, column ; references in the inner column, 
next to the folding in the sheet. ( See § 82.) On the back of the 
page the text should still come into tlie middle column. Additional 
sheets should be of the same size and ruling and should be attached 
by mucilage or sewing, not by fasteners or pins. Do not fold the 
papers. Since one of the ol)jects of the exercise is to teach concise- 
ness, the lengtli of the report should not exceed the limits set by the 
topics. 

7. Arkangk.ment. The matter should be logically arrang;'d, 
point by point, the heads indicated by catch-words in the date 
column, or by underlining. The amount of time spent should be 
noted. Students are warned against trying to write theses instead 



76-77.] GENERAL DIRECTIONS. 91 

of brief reports. Special notice will be taken of neatness of arrange- 
ment, precision of the references, nniformity of abbreviations and 
classification in different parts of the same piece, and accurate 
analysis. 

8. The return of the report. Six hours of faithful work in 
each report is about the minimum ; if no satisfactory result is then 
reached, the notes may be shown the assistant and his approval asked ; 
or a new subject tried. No credit can be given for reports not 
handed in to the assistant by 5 o'clock of the day appointed, except 
by previous permission of the instructor, unless they bear the stamp 
of the Recorder of the College. 

9. Specimen reports. Below will be found (§§ 79, 82, 85, 88), 
examples of good reports actually prepared by students ; and the 
assistant can always show similar finished reports in other subjects ; 
but students are expected to think out a good arrangement for 
themselves. 

§ 77. Bibliographical special reports. [Cf. §§ 6-13.] 

Object. The first report is intended to teach students how to 
find books and articles, liow to cite references, and how to arrange 
results. 

Scope. To each student is assigned some person connected with 
the history of the United States. The report is to be a list of the 
printed books, pamphlets and magazine articles bearing on that per- 
son. No narrative is expected. No list of works by the person is 
desired. 

Authorities. Students will be held responsible for all titles 
which can be obtained through the following authorities : 

(a) The encyclopaedias and biographical dictionaries, in the De- 
livery Room. 

(h) The bibliographical helps, in the Reading Room. 

(c) The library catalogues in the Reading Room of the Library, 
including Leypoldt's American Catalogue. 

(d) The Card Catalogue of Authors in the Harvard College 
Library. 

(e) ^Y. T. Poole, Index to Periodicals ; Supplements to Poole's 
Index; Q. P. Indexes; Fletcher, A. L. A. Index; Jones, hidex to 
Legal Periodicals; and other indexes to particular periodicals to be 
found in the Reading Room. 

(/) Bibliographies of books relating to the person, in biogi'aphies, 
cyclopaedias, biographical dictionaries, or histories. 

({/) Accounts in collections of biographies : so far as accessible 
in the " Ilistorv ].". Alcove" of the Reading Room. 



V'2 si'KCiAi, i;Ki*()irrs. [sects. 

Selection. Ouly those books are to be enumerated in which the 
whole, or a distinct or specific part is devoted to the person. Refer- 
ences to be nuide whenever there is a distinct chapter, section or 
article on the person, however shojt. Thus, under "Washington, it 
will not be necessary to enter books primarily on the Revolution, or 
on the United States, or on Virginia. But titles ought to be found 
in a collection of Lives of the Presidents, or of Great American Gen- 
erals, or Essays on Members of the Federal Convention. Hence it is 
necessary to Icnowwhat public station your subject has filled. Since, 
however, in n any cases the books, articles, and sections, devoted 
wholly to one man are very few, the student wlio has only a 
scanty lot, after exhausting the bibliographical aids, may then add 
extracts from general histories and biographies, not less than one 
parje in length, wholly given up to the man, Thi-y will be held 
responsible onl}' for books reserved in the Reading Room and Evans 
Libra IT. 

Methods. The most convenient method is to go through the 
bibliographical aids, setting down each promising title on a slip or 
caitl and keeping them arranged alphabetically ; then to arrange in 
some logical oider and write out consecutivel3\ Students arc not 
expected to draw out a long list of books from the Stack. 

Veuification. Students are expected to verify for themselves 
the titles of all books accessible in the open part of the Harvard 
College Library. The instructor will be ver}^ glad to have students 
search out books not in Cambridge, but to be found in the Boston 
Athenaeum, Boston Public Library or other Boston libraries. If a 
title be found ar.d the book is not in the College Lil)rary, set 
down opposite it a reference t(^ the place in which you found the 
title. Please iusert the Library number of all Ixioks. The 
precise form of the title of books, if publislu'd Itcfore IMTO, may 
usually be found for authors from A to S, in Sal)in's BibUotheca 
Americana. 

FoKM OF repokt. Titles should he arranged in eacli class alpha- 
betically l)y authors. References and abbreviations should be 
punctuated systematically. The title should be sulliciently full to 
identify the Itook ; the place of publication and date should always 
be given, the numl)i r of pagt's, and size of llic book when those 
particulars are foun.i. All references to parts of books must show 
the precise volume aial page: for a specimen see § 7'.*; others may 
be seen by applying to the assistant. 

§ 78. Bibliographical subjects. The following list includes the 
greater number of the states nu'uupon whom bibliographical reports 



77-78.] BIBLKXiUAIMIIGAL. 93 

have already been prepared in the Harvard classes, with some addi- 
tional names. In making np the list the most distingnished men 
have been omitted, because experience shows that the material is so 
large that a disproportionate amonnt of work nnist be spent upon 
them. On the other hand it is important to choose persons who are 
not so insignificant that nothing has been written about them. The 
names are arranged by states. 

Maine. James (i. Blaine ; James P. Fessenden ; Hannibal Ham- 
lin ; Hugh McCiiUough ; Edward Preble ; T. B. Reed. 

New Hami'Siiihe. John P. Hale ; Isaac Hill ; Jeremiah Mason ; 
Franklin Pierce ; Levi Woodbury. 

Vermont. Ethan Allan ; George P. Marsh ; George F. Edmunds. 

Massachusetts. Charles F. Adams ; John Adams ; Samuel 
Adams ; Fisher Ames ; John A. Andrews ; X. P. Banks ; Phillips 
Brooks ; B. F. Butler ; Crcorge Cabot ; Rufus Choate ; Caleb Cush- 
ing ; R. H. Dana ; John Davis ; Henry Dearborn ; Samuel Dexter ; 
Edward Ph^erett ; William Lloyd Gai'rison ; Elbridge Gerry ; John 
Hancock; George F. Hoar; Henry Knox; Levi Lincoln; Henry 
Cabot Lodge ; Horace ]\Iann ; Harrison Gray Otis ; James Otis ; 
Theophilus Parsons ; Timothy Pickering ; Wendell Phillips ; David 
Porter; Josiah Quincy (the elder), Josiah Quincy (the younger); 
Robert Rantoul ; Wm. E. Russell ; Theodore Sedgwick; Robert G. 
Shaw ; Joseph Story ; Caleb Strong ; Charles Sumner ; John G. 
Whittier; Henr}' Wilson ; Robert C. Winthrop. 

Rhode Island. A. E. Burnside ; William Ellery ; Stephen Ho})- 
kins ; Oliver H. Perr}' ; Roger Williams. 

CoNNECTiCL'T. Mauassch Cutler ; Timothy Dwight (the elder) ; 
Oliver Ellsworth ; Nathan Hale ; Wm. S. Johnson ; Roger Sherman ; 
Jonathan Trumbull ; Fitz John Winthrop ; Oliver Wolcott. 

New York. .b)hn Armstrong; Benedict Arnold; Chester A. 
Arthur; John.l. Astor ; Jacob BroAvn ; John Brown; Aaron Burr; 
Benjamin F. Butler; Grover Cleveland; De AVitt Chnton ; George 
Clinton; Roscoe Conkling ; S. S. Cox; John A. Dix ; Reuben E. 
Fenton ; Millard Fillmore ; Hamilton Fish ; Gideon Granger ; Horace 
(Jreely; Alexander Ilauiilton; Winfield S. Hancock; John Jay; 
John Kelley ; James Kent; Rufus King; Edward Livingston; 
Robert R. Livingston; Samuel J. May; William L. Marcy ; Edwin 
I). Morgan; Levi P. Morton; Gouverneur Morris ; Charles H. Park- 
hurst ; Thomas Piatt ; Theodore Roosevelt ; Philip Schuyler ; William 
H. Seward; Horatio Seymour; Carl Schurz ; Gerrit Smith; James 
C. Spencer ; John W. Taylor ; Samuel G. Tilden ; Daniel Tompkins ; 
Wm. M. Tweed; Martin Van Buren ; Stephen Van Rensellaer; 



94 SPECIAL REPORTS. [SECTS. 

James S. Wadsworth ; Gouverneur K. Waneii ; Thurlow "Weed : 
Charles AVilkes ; Silas Wri<;]it. 

New Jersey. Jonathan Dayton ; AVilliani L. Dayton ; George B. 
McCleilan ; William Pattc rson ; William Pennington ; Charles Stew- 
art ; Kic'iiard Stockton ; Robert F. Stockton. 

Pennsylvania. James Buchanan; Siinou Cameron; Andrew G. 
Curtin ; Alexander J. Dallas ; George M. Dallas ; William G. Duane ; 
Robert Fulton; Albert Gallatin; Stephen Girard ; Andrew Gregg; 
David ]M('M. Gregg; Robert C. Grier ; Jared lugersoll; Thomas 
McKcan ; George G. IMeade ; Thomas Mifliin ; Robert Morris; 
Frederick A. Muhlenberg; John P. G. JMuhlenberg; David D. 
Porter; David R. Porter; .lames 31. Porter; jNIatthew Quay ; Sanuiel 
J. Randall; Benjamin Rush; .lohu Sergeant; Arthur St. Clair; 
Edwin jM. Stanton; Thaddeus Stevens; David Wilmot ; James 
AVilson ; William Wilkins. 

Delaware. James A. Bayard; Thomas F. Bayard, John M. 
Clayton; John Dickinson; Thomas Macdonough ; Louis McLane ; 
Robert M. McLane ; Caesar Rodney ; Daniel Rodney. 

Maryland. Charles Carroll; Samuel Chase; Fred Douglass; 
Arthur P. Gorman; Robert G. Harper; Reverdy Johnson; Luther 
Martin; James McHenry ; William Pinkney ; John Rodgers ; Robert 
Smith; Roger B. Taney ; James Wilkinson. 

Virginia. James Barbour; John W. P^ppes ; John B. Floyd; 
William IL Harrison; Patrick Henry: David Hunter; Rolx-rt M. 
T. Hunter; Thomas J. Jackson; Peter Johnson ; John Paul Jones; 
Charles Lee; Robert E. Lee; Roltert H. Lee; John Marshall ; James 
M. Mason, James INIonroe ; Edmund Randolph; John Rando'ph ; 
Wiufleld Scott; Andrew Stevenson; (ieorge H. Thomas; James 
Turner; John Tyler; Al)el P. Upsher ; Bushrod A\'ashington ; 
George Washington; Heni-y A. Wise. 

North Carolina. Joseph Graham; William A. Graham; Na- 
thaniel Macon; Willie P. Mangnm ; Hugh AN'illiamson. 

South Carolina. Preston Brooks; Pierce liutler ; John C. Cal- 
houn ; Langdon Cheves ; AVade Hampton ; Henry Lawrence, (Jeorge 
McDuffie ; James L. Oi-r; James L. I'etigru ; Fiancis W.Pickens; 
Charles Pinckney ; Charles C. Pinckney ; Thomas Pincknc}' ; J. S. 
Poinsett; Edward Rutledge ; John Rutledge. 

Georgia. John C'aike ; Howell Cobb ; George W. Crawford ; 
Willia'U H. Crawford; Charles F. Crisp; John Forsyth; Herschel 
V. Johnson; Wilson Lumpkin; Montgomery C. Meigs; Alex. H. 
Stephens ; Robert Toombs ; George Troup. 



78-79.] I'.ir.LKXJl.'AlMIICAL SIH.IKCTS. 95 

Alabama. James G. Bii*ney James A. Campbell; Clement C. 
Clay. 

Mississippi. Jefferson Davis ; John H. Quitman ; Robert J . Walker. 

Louisiana. Jacob P. Benjamin ; William C. C. Clail)orne ; George 
Eustis ; John Slidell. 

Texas. Samuel Houston ; Roger Q. Mills; John A. Reagan. 

Kentucky. John Breckinridge ; John C. Breckinridge ; Benjamin 
X. Bristow ; William J. Butler ; John G. Carlisle ; Cassius M. Clay ; 
Thomas I.. Crittenden ; Richai'd M. Johnson ; O. MacKnight Mitchell ; 
. I o!m H. Morgan; John White ; Linn Boyd. 

Tennessee. George W. Campbell ; John H. Eaton ; David G. 
Farragut ; Felix Grundy ; Andrew Jackson ; Andrew Johnson ; Meri- 
wether Lewis ; Gideon J. Pillow ; Janies K. Polk ; Hugh L. White ; 
Benj. McCulloch. 

Ohio. Calvin Brice ; Salmon P. Chase ; Thomas Corwin ; Jacob 
D. Cox; William Dennison ; Thomas Ewing ; James A. Garfield; 
Joshua R. Giddings; Ulysses S. Grant; R. B. Hayes; Irvin 
McDowell ; William McKinley ; John McLean ; James B. McPher- 
son; Montgomery C. Meigs; William S. Rosecrans ; Phil. H. 
Sheridan; John Sherman; AVilliam T. Sherman; Allan G. Thur- 
man; Clement C. Vallandigham ; Benjamin F. Wade; Morrison R. 
AVaite. 

Indiana. Schuyler Colfax; John W. Davis; W. H. English; 
AVilliam H. Harrison; Thomas P. Hendricks; Michael C. Kerr; 
Oliver P. Morton. 

Michigan. Lewis Cass ; John H.King; Alex. Macomb; AVilliam 
H. Macomb; Return J. Meigs. 

Illinois. Stephen A. Douglass; John A. Logan; K. B. AVash- 
burn. 

Wisconsin. Cadwallader C. Washburne. 

Missouri. Thomas H. Benton ; Francis P. Blair ; Montgomery 
Blair; B. Gratz Brown; Dred Scott; Joseph Smith. 

Iowa. AA^illiam B. Allison. 

Kansas. James Lane; Charles Robinson. 

Utah. Brigham Young. 

California. David C. Broderick ; John C. Fremont; Leland 
Stanford. 

§ 79. Example of a bibliographical report. The following 
report illustrates the system. The form of heading ma}' be seen 
in § 82. 



9(i 



<1'K(I.\I. UKPOKTS. 



[SECTS. 



Elbridge Gerry. — Preiximl l)y B. X. Simi'son. '93. 



1828- 
182'.t 



1859 

18fi0 

182!> 
1842 

1827 

1827 



Juni', 

1828 
Jan. 
1821) 
Apr. 
1885 



1889 
1887 

1859 



Books devoted entirely to his Life. 



.T;iiiR's T. Austin : The Life of Elbritl<i;e Gerry. 
2 vols. 8vo. Boston, i, l-:i2(): II, 1-408. 



Books devoted partly to his Life. 



188() 



1). W. Belisle : History of Independence Hall. 
12mo. New York. Clia)). xxvi. (pj). 220- 
225.) 

N. Dwight : Lives of the Sii^ners of tlie Declar- 
ation of Independence. 12nu). New York, 
pp. 58-(i0. 

Charles A. Goodrich: Lives of Sitjners of 
Declaration of Independence. 12in(). New 
Y'ork. pp. 120-130. 

K. \V. Lincoln : Lives of Tresidents. Svo. 
New York. 

Benson John Lossing : Signers of the Declar- 
ation of Independence. 12ino. New York, 
pp. 40-44. 

John Sanderson : Biography of Signers of the 
Declaration of Independence. 8ino. Phila- 
delphia, viii, 7-77. 

.\. B.Woodward: Presidenc-y of tlie I'nited 
States. Svo. New York. 

Magazine Articles devoted to his Life. 



James T. Austin. ,\meri(!an Quarterly Review. 

111,459-480. Philadelphia. 
North American Heview. Boston. xxviii, 

37-57. By Edward Everett. 
Magazine of American History. xiii, 318. 

By Martha J. Lamb. 



College Library, 7324. 



College Library. 
1328().5. 

College Library, 7325.4. 



College Library, 7322.4. 

Mass. State Library. 
College Library, 7325.2. 

College Library. 7325.:'.. 

Library of Congress. 



College Library, D. IL. 
Ixxvi. 

[College Library. 1). M.. 

Ixxx. 
College Library, 

15396.3. 



Articles in Encyclopaedias devoted to his Life. 



American Encvcloinicilin. I'liilaik'lpliia. v. 
480. 

Appleton's Cyclopaedia of American Biog- 
raphy, ii, 030-(;;52. Ni'w York. Article 
by E. T. Gerry. 

Appleton's Encvclopaedia. viii. 227. N\'w 
York. 



Articles on Features of his Life. 



Politic;il Tracts. Boston. (Article on (ierrv- 

mandering.) 
Lalor's (Cyclopaedia of I'oliticsil Scieni'e. Clii- 

cago. ii, 3(;7-3(j8 (article by Alexander 

Johnston) ; iii, 1 122-1 123 (article on X. Y. Z. 

Mission). 



College Librarv, D. K.. 

328. L 
College liibrarv. D. K., 

382.2. 

College Library. D. 1\., 
326.1. 1 column. 



College Library. 7353.9. 

ISth division. 
(College Librarv. D. H.. 

338.1. 



79-80.] EXAMPLE OF A BIBLIOGRAPHICAL REPORT. 



!t7 



College Library, 5352.9. 



College Library, 6393.1. 



College Library, 
5356.43. 



Important Extracts from General Histories. 



Richard Hildreth : History of the United 

States. New York. Vol. V, pp. 139-159, 

250-259, 261-264. 
H. Von Hoist : Constitutional History of 

the United States. Chicago. Vol. I, 138- 

142. 
James Schoiiler : History of the United 

States. Washington. Vol. I. 373-383 and 

415-418. 



1856 



1876 



18H2 



§ 8o. Legislative special reports. [Cf. §§ 2of, 27g, 33f, 84g, 
103.] 

1. Object. Iu this report, students will learn to use the records 
of the proceedings and debates of Congress, and will gain some 
knowledge of the procedure of that l)ody. 

2. Scope. To each student will be assigned some particular bill 
or act of Congress which he will be expected to follow through all its 
stages to its failure or its inclusion in the statutes. The report is to 
be a summary history of the bill from its first introduction to the final 
action of the President, including any proceedings on a veto. To 
this is to be added a statement of the purport of the bill, and a veiy 
brief resume of the principal arguments for and against it. 

3. Authorities. (See also Guide, § 29.) The following are 
the authorities to be consulted : 

1789-1895. Senate Journals. 

1789-1895. House Journals. 

1789-1823. Annals of Congress. 

1823-1837. Congressional Debates. 

1833-1873. Congressional Globe. 

1873-1895. Congressional Record. 

1789-1895. Senate Reports. 

1789-1895. House Reports. 

These may be found in the Reading Room. There is also a very 
excellent set in Bates Hall, Boston Piibhc Library, and a set of the 
Globe and Record since 1853 in the Evans Library. (See §§ 7, 41, 
43.) 

4. Aids. There is a very poor index in the volumes in the older 
records of debates ; and an elaborate index in late issues of the Con- 
gressional Record. The Journals are better indexed, and a bill may 
easily be followed in them by its number. By following out the 
Journal page numbers, one may find the dates when the bill was con- 
sidered. Through the dates and through the index to the Annals.. 



*J8 SPECIAL TiEPORTS. [SECTS. 

Globe or Record, the (U'lintc iniiy Ix- traced. .John G. Ames, Finding 
List, and Church and Smith Tdblcs, and other indexes (Guide § 29) 
are also useful. All the sets are to l)e used by their indexes of sub- 
jects, speakers and bills. 

5. Method. The manner of doing the work is left to each 
student. A very convenient system is to use loose sheets, one for 
each stage of the bill ; then the sheets, arranged in chronological order, 
will form the basis of a clironoIo<>ical account. 

For the analysis of the discussion anothei- set of loose sheets may 
be used, one for each important argument ; by going through the 
debate, and noting a reference to each particular point, on its 
appropriate sheet, tlu' student will have a body of classified references ; 
he can then go back and read the best speeches under each head, 
and from them make up his abstract of the argument. 

6. Arka\(;kmkxt. ^Mucli stress is laid on an orderly and cogent 
aiTangement of the report, so that it may be easy to follow it, and 
to distinguish its various parts. 

7. References. Exact references must appear, both to the Jour- 
nals and to the records of debate on each point. Otherwise no credit 
will be given. 

§ 8i. Legislative subjects. The following are a few acts 
selected to show the general scope of the subjects chosen for legisla- 
tive reports : 

Admission ok each State into the Union. Fi'om Vermont in 
i7!H to Utah in 189;") ; thirty-two in all. See Guide § 47. 

Tariffs. The tariff acts of 17<S9, 1816, 1824, 1828, 1832, 1833, 
\H4C,, 1857, 18G1, l.s«;5, 1890, 1894. It should be noted that the 
later tariff acts are too complicated and there is too much discussion 
on them to make them suitable subjects for reports. 

Reconstruction Acts from 1865 to 1871. 

Acts CREATiN(i departments. State, war, treasury and justice 
1789-90; navy, 1798; interior, 1849; post-oflice, 1789; agricul- 
ture, 1890. 

Acts relatin(; to slavery. Resolutions of 17'.»0; fugitive slave 
act, 1793; slave trade act, 1807; piracy act, l<sr,); Missouri Com- 
promise, 1S20; Post-o(Hce bill, 1<S36 ; California act, 1850; Texas 
act, 1850; Utah bill, 1850; fugitive slave act, 1850; District of 
Columbia act, 1850; Ktuisas-Nebraska act, 1854; the Lecompton 
Bill, 1858; English act, 1858; territorial slavery act, 18(;2; eman- 
cipation act, 18.62; thirteenth amendment, 1865. 

Api'Roi'Kiation Acts. In any year one of the following appro- 
; nation bills : consular and diplomatic, agricultural department, army, 



80-82.] LEGISLATIVE. * 99 

pension, Indian, post-offlce, legislative, executive and judicial, naval, 
fortification, deficiency, urgent deficiency. 

Immigration Acts. Contract labor act, 1867 ; Chinese indemnity 
act, 1867; alien labor, 1891; Chinese immigration, 1884; contract 
labor act, 1887; Chinese indemnity act, 1887; Chinese exclusion 
act, 1888; Chinese registration act, 1891; Chinese immigration 
act, 1892. 

Coinage Acts. The acts of 1792, 1834, 1873, 1879, 1890, 
1894. 

§ 82. Example of a legislative report. The following report 
was submitted by a student in 1894. On many bills the pro- 
ceedings are more interrupted by amendments ; and the debate 
takes a wider range. The details of the argument might perhaps 
be improved, but the report appeals to the eye by its excellent 
analysis. 

U. S. HISTORY (13): -SPECIAL KEPOET NO. 2; -1894-95. 
Mr. A. F. Stevenson. Class, 18.95. Record, No. 193h. 

Subject: Riveh and Harbor Appropriation Act, 1887. 

Overdue reports receh^ed only through the Recorder. 

Important referen- Please investigate the abo\ti subject, and 
ees are : report in not more than 8 pages, before 

See suggestions to stu- Jctn. 4-th. 

"* * ss -'5 • First Conference, Nov. 21sl.. 

Congressional Record 

('86-' S7). Second Conference, Dec. 8th. 

House Journal {'86- Approved, Dec. 14th. 
Senate Journal ('86- ^^^6 Spent in preparation, 21 hours. 

ST). Grade, ^. Remarks: Excellent arraiige- 

ynent. 

Eruct references in inside Te,rt of the report in middle column. Dates i?i out- 

column, on both sides of on both sides of the sheet. side column 

the sheet. in all cases. 

A. History of the Bill. 1887. 

I. House. 

Co7ig. Rec, 4:7i; Mr. Willis from the Committee on Rivers Jan. 8. 

ffoiTRelTris. ^"^ Harbors reported a bill (II. R. 10419.) 

making " appropriations for the construction, 
preservation, and repairs of certain works 
on Rivers and Harbors for the fiscal year 
ending June oOth, 1888, and for other pur- 
poses " ; which was read a first and second 
time, ordered to be printed and recommitted 
to the committee. 



loo 



SPECIAL REPORTS. [SK< T. 



.Tan. 11. Committee reporlal back (lie bill ii-illi Cong.Rec.yi.-^M; 
(nncndments. All points of order were -^^ -^"j^r., 223. 
answered; so the bill was referred to the 
Mouse as '•■Commiltee of the Whole on the 
state of the Union," and was with the ac- 
companying report ordered to l)e printed. 
Jan ^^' I'JitT "^oted to limit n\l debate on the l)ill Cong. liec, loi & '.n- 

■ 22. to ;niours. It Avas debated. //. ./own, 278 & 350. 

Jan. 24. An amendment in the form of a stihstitiite Cong. liec, 963; 
was offered by Mr. Anderson of Kansas. ^- '^'""'■' ^• 

/- A message from the Senate by one of its n 
) clerks, Mr. Sympson, inter rnpted the com- \ 
C mittee. ) 

The committee had to resolve itself into 
tlie House till a quorum turned up. 
Jan. 2i\. Amendment was amended by Mr. Nelson Cong, itecinbi-, 
(:\Iinn.) Committee divided on Mr. Nelson's ""'• '''""■> ^^*- 

1 1 ^ ^ aves 140. 

achncndnicut \ • 

( noes 27. 
So the .<:nbstitNte as amended was adopted. 
So the committee, at its sixth sitting, rose 
•And reported the bill Ixiek with tiiis amend- 
ment in the form of a substitute. 

The right to insist on taking uj) the ne- 
glected items of Wxe, original l)ill was not 
sustained. 

An order for yeas and nays on the (|ues- 
tioii of tile jtnrions (///estiiin was sustained 
( a3es 35, 
( noes 100. 

( Message from the Senate by its Sec, Mr. > 
( McCook, on bill (II. R. 6637). \ 

; previous (|uestion ordered ) •^^'"*'^ ' *" 

( nays 64. 

Anieiidineiit then came up before House, 

yeas and nays ordered. 

Amendment \\ as not agreed to \ •^''^'^'"^ "^*'' 

( nays 176, 

or: according to tlie II. Jour. !| -^ *''"^ ■*'*' 

I nays 176. 

Then the (piestion occurred on ordering 

the orUjinid bill (II. IJ. 10411)) to be en- 

rjrosaed and read a third time. 

Yeas and nays ordered, \ ^'^''^^ ^'^'^' X So 
I nays 88. S 



82.] EXAMPLE OF LEGISLATIVE. 101 

the bill was ordered to be engrossed and 

read the tliird time. 
Cotig. iiec.,io»4; Demand for the reading of the engrossed Jan. 27. 

ff. Jour., 392. ^.jj withdrawn. 

Yeas and nays ordered on its passage. 

The bill (H. R. 10419) passed \ ^*^^^ ^f*' 

( nays 95. 

Mr. Willis moved to reconsider the vote last 
taken and also moved tliat the inoiion to re- 
consider be laid on the table ; which later 
motion was agreed to. 

II. Senate. 
Se)t.Joar.,2i9. Message from the House vf\shing the Senate Jan. 27. 

to concur in a bill (H. R. 10419). 

It was read twice by its title and was re 
ferred to the Committee on Commerce. 
Con;;, fiec. ,iso2; Mr. McMUkin was instructed by the Com- Feb. 16. 

Sen. .Jour., 342. mittee On Commerce to report the bill Avith 

an amendment in the nature of a .substitute, 
accompanied by a report (No. 1884). He 
asks that the amendment and report be 
printed ; and also gives notice that the Senate 
shall be asked to take iTp the bill next day. 

Mr. Coke submitted an ayncndment, which 
was referred to the committee and ordered to 
be printed. 
CoHg.Rec.,\90b; Senate sits US Co')nmittee of the Whole. Bill Feb. 18. 

St-H.Jour., 370. reported from the Committee on Commerce 

with an amendment to the House bill to strike 
out all after the enacting clause, and insert 
thereafter a substitute of their own based on 
the House bill. 

The bill was debated. 
Cotig. Jiec.,i9b2; The Senate in committee amends the com- Feb. 19. 

.^en.Jour.y 378. mittee's amendment, article by article, mak- 

ing slight changes in the amount appropria- 
ted. Mr. Cullam moved that the Senate 
proceed to an executive session. 
Lost 5^^-20. 
} nays 29. 
Small amendments added. Feb. 21. 

Cong, rtec, 1992; Their action was treated as one an)enament. 

.Se,,.jo„r.,m. rpj^jg amendment was ordered to be en- 

grossed, and the bill to be read a third 
time . 



102 Sl'KClAL i:i:i'i)UTS. [:?E(T. 

The hill was read a lliird time and 
passed. 

Mr. ^McMillan's motion tliat the Senate 
insist on its amendment to tins hill and ask 
tov -A voufci'cucc with the House, was as^reed 
to. 

By unanimous eonsent th(^ President ^jj'o //. ,/bur., 684. 
tern, was authorized to appoint the conj'er- 
(')icc on the part of the Senate. lie ap- 
pointed Mr. McMUhtn, Mr. Conycr, and Mr. 
Ransom. 

III. House. 
Feb. 'j;!. The Speaker laid before the House the Cong. Rec.,2\2i; 
Senate's aniendincnt to the bill (H. R. 1U419), ^' '^''"'*" ®^*" 
and a messaye rec^uesting a confei'ence. Mr. 
Willis asked the House to non-concur in the 
Senate's amendment. 

Mr. Anderson made the /^oi»< of order that 
it nuist <:o to the Conmiittee on Harbors and 
Rivers. The point was sustained. 

The romniUlee referred back the bill with n.Jour., 703. 
the reeonnnendation to non-eoneur in the 
Senate's amendment. 

All points of order wei'e reserved. So 
the bill was ordered to be referred to the 
House in committee a7id to ha jjrinted. 
Feb. 20. Mr. Anderson demanded a seeond on his Cong. Rec, 23si. 
motion to snsjicnd the rules and agree to the 
eonfennuH^ asked by the Senate. 

But first the bill and the Senate's amend- 
ment was rc(cd. 

Message from the Senate by Mr. Simpson, ") 
one of its clerks, agreeing to bills li. R. I 
6G87 and H. R. 2075. F:nrolled bill S. 372 
signed. 

A second to the above motion was 

, ( ayes 189. 
ordered < 

( noes 3. 

Under tlu' rules :^0 niintdes was allowed 
for debate. 

It was debated. 

Mr. Willis proposes to non-concur in the //. Jour., 73». 
Senate's amendment but to confer with the 
Senate and to report the measure back to 
the House for its linal action. 



82.] EXAMPLE OF LEGISLATIVE. 103 



Carried by more than a two-thirds 

, S aves 162, 
vote ^ -^ 

( noes 32. 

Oong. Rec, 2335; Speaker announced as conferrees on the 

I/. Jour., T6Q. ^^^^ ^j ^1^^ y^^gg Messrs. Wilhird, Blan- 

chard, and Henderson. 
Sen. Jour., iiQ. A mc.s.NY/r/r of tlie result was .sent to the 

Senate. 

IV. Conference report in the House. 

Co7)(!. Rec.,i4S6; The committee of coiifercnee submitted Feb. 28. 

//. .four., 770. .1 . , 

• their report. 

The report and also a detailed accompany- 
ing statement were read by request. 

The House in conference receded from its 
disagreement to the Senate's amendment and 
concurred in the same with an amendment, 
being a new bill to which the Senate 
agreed. 

The House agreed to consider this re- 
port. Mr. Willis ordered the previous 
question . 

House divided < ' ^ ' ' 
( noes 39. 

So the question reverted to accepting the 

report. 

Yeas and nays ordered. 

//. Jour., 773. The conference report was agreed to 

< yeas 178, 

( nays 89. 

Mr. Willis' -motion to recotisider the last 

vote and to lay the motion to reconsider on 

the table were carried. 

V. Conference report in the Senate. 

Cong. Rec, 2473. The chief clerk proceeded to read the con- March 1 . 

Sen. Jour., 486, 606. » . 

ference report. 

The report was concurred, in. 

VI. Signed in the House. 

Mr. Fisher from the committee on enrolled March 2. 
bills reported that he had found duly en- 
rolled bill (H. R. 10419); thereupon the 
speaker sig?ied the same. 



1"-^ SPECIAL rp:ports. 

VII. Signed in the Senate. 
March 2. A message to the Senat(! annoiuu'ed that 

the Speaker of the House had signed bill 
(H. Iv. 10419), and it was thereupon signed 
by the Ptrsidenf jiro tern. 

Mr. Burnen rejjorted from the committee 
that they had found (////// citnilhtl bill (II. R. 
104 ID). 

VIII. President's action. 

There is no record of the President's sign- 
ing the Ijill. 

IX. Statute. 

Since the bill failed to become an act, it is 
not in the Statutes at Large. 

B. Contents of the Bill. 
I. The Bill as first reported. 
"Be it enacted, etc., that the following Cong. Rec.,i^Qa; 
sums of money are hereby appropriated, to '^'"" '^'""'" ^^*'' 
be paid out of any money in the Trea uiry 
not otherwise appropriated, and to be ex- 
pended under the direction of the Secretary 
of War for construction, etc., of the public 
works herein named : — " 
Then follows in See. 7. 

appropriation rtausrs for 136 harbors. 
" " " ll)() rivers. 

In See. 2. 
A clause to authorize the Secretary of War 
at his discretion to have surveyed and an 
estimate made on a list of /io places. 

In Sec. 4. 
That contracts should be economically 
awarded and after a pulslic advertisement, 
so as to give all bidders a chance. 

In Sec. o. 
That lot-al enquirers should first examine 
and decide that the place is worthy of im- 
provement by the General (Jovernment. 

In Sec. 3. 
The Secretary of War shall institute pro- 
ceedings in any court to condemn land in the 
name of the U. S. 



[SKt r. 



.S2.] EXAMPLE OF LEGISLATIVE. 105 

II. House action. 

The House passed the l)ill as the committee 
presented it. 

III. Senate alterations. 

Cong. Rec, 2437. The Senate struck out all after the enact- 

ing clause and inserted a bill of their own, 
taking the House bill as a basis therefor. 
The Senate anundment contained every item 
of appropriation of the House bill without 
reduction in amount, but increased certain of 
its appropriations. The Senate inserted 29 
new items. 

IV. Conference alterations. 

The bill was left the same, but some 
appropriations were reduced in amoimt. 

Cong. Rec, 2437. V. Amounts carried by the BiU. 

Amount estimated as necessary 

by Committi'c of Engineers, .f80,()0(),000 
" the Secretary of War. 10.174,000 

Appro, when it ])assed the House. 7,408,250 
•' " inConi. on{ 'ommerce, 10,385,300 

"it passed the Senate, 10,020.350 
'• " " Com. of Con- 

ference, 1), 913, 800 

" finally passed, 9,913,800 



C. Argument on the Bill. 

The arguments on this bill (H. R. 10419) 
are of two distinct kinds : — I. those on 
the bill as a bill ; and II. those on the three 
principal appropriations ; viz. (a) the Missis- 
sippi R. ; {b) the Missouri R. ; and (c) the 
Hennepin canal. 

I. Against the Bill. 

Cong. Rec, 920. I. General objections, (a) The bill rep- 

resents only local interests so planned as to 
bribe representatives to vote favorabl}-, but 

Cong. Rec, Appen. 133. which would uot staud alouc. {!>) It only 



106 .SPECIAL i;Ki'(ji;rs. [skats. 

ujjpropriaU's 30 per e-ent. of tlic iunount esti- 
mated by the Committee of Kii^riiuH-rs as 

neeessary. (<") There it^ stWl a s/irplus from Coiig.iiec.,2;Su->, .\/,/,.„. 
the last Oil/. II. isi; Cong. /{.,., i-a-. 

. Cong. liec, AppuL^z:). 

Mississippi River, (a) Levees and renet- 
ments are jtlaimed to jyroU'ct private ]>rnpcrly 
alon<; the shore, and not to render navigation 

easier. 

(/>) Chuise so worded, that, as in the last Ctmq. lUr., la.is. 
hill, all may be spent on the improvement of 
t\\o places, and not to better naviyation on 
the rircr. 

((■) \o apjjropriation is in this bill for Coh^. AVc, 2:332. 
earryiii;:- on ihe work, already started, of the 
Hennepin canal, hxxt out ij for surveyiiig it. 

II. In favor of the Bill. 

I. (ieneral. {(i) A bill of appropriation Re/s. as above. 
must be had, and experience has taught that 

this is the only kind of a bill that will 
pass. 

(b) I^xperience has also shown that no 
Congress would appropriate a greater ]}cr- 
centage on what the engineers estimated. 

(r) This bill appropriates for the fiscal 
year beginning June .'50, 1887, and by that 
time the prrsrnt .surplus ivill have been spent 
and there will be need of more. 

II. Mississippi, (o) The levees, etc., Cong. Rec.,lo%. 
not only serve to mark out the chamiel to 
navigation, but, by narrowing the river, in- 
crease the current, and thus make the river 

dredge itself. Therefore the scheme is 
beneficial . 

{b) The objection was removed by au 
amendment that one-half the appropriation 
must be spent, at seven other places beside 
those in question, viz. : Kansas City and St. 
Jose|)h. 

(f) The ))lan is to have it Ihonmyhly sur- 
veyed, and (hen pas.s an appropriation in the 
next bill. 

As the l»ill was a necessity, it only 
needed to refute tlie objections as above, to 
pass. 



H2-83.] COXSTITITIONAL. 107 

§ 83. Constitutional special reports. [Cf. § 95.] 

Object. This report is intended, like the weekly papers (§ 35), 
to train students in applying to specific cases the general principles 
of the Constitution ; but instead of being asked to give an opinion off- 
hand and without the use of books, they will be expected to bring to 
bear upon their question all the authorities which they can command. 

Scope. Each topic will be a simple question in constitutional 
law, and, so far as possible, a very detailed question. The report is 
to be a brief statement of the conclusions which the student has 
reached, with the reasons for those conclusions ; but in the report it 
is expected that objections to the position taken will be stated and 
discussed, and the reasons for setting them aside will be made 
apparent. Students are cautioned against making these reports 
vague, and especially against copying opinions of other people with- 
out showing how they affect the results. A series of extracts from, 
or abstracts of, authorities is not considered a re^port^ It is expected 
that the subject will be logically developed in analysed heads, each 
worked out in arguments backed up by references to the authorities 
upon which the opinion is based ; and brief quotations may well be 
Introduced to show the character of the evidence. Special notice will 
be taken of a systematic analysis of the subject and a neat form of 
statement, in which the main heads of the argument are clearly stated. 

Authorities. Bibliographies of the Constitution will be found in 
Justin Winsor, Narrative and Critical History Yll, 255-266 ; W. E. 
Foster, References to the Constitution; Harvard Historical Mono- 
graphs, No. 2, §§ 33, 469 ; J. H. Barnwell, Reading Notes; and in 
the bibliographical introductions or head notes to H. Von Hoist, 
Constitutional Laiv, Fiske, Civil Government, and many like works. 
(See §§ 10, 41.) 

Students will be expected to refer to any parts of the Constitution 
bearing upon their subject, to study the constitutional treatises, to 
examine acts of Congress and other evidences of the practice of the 
government Avith reference to their subject, and to make use of 
Supreme Court Reports and other repositories of official legal 
opinions. 

The principal authorities on constitutional law will be found in 
the alcove containing books on government. Duplicates of many of 
these books will be found in the E^vans Library, and in any good 
public or private law library. The foot notes on these treatises 
should lead to other commentaries and especially to decisions of the 
United States Supn^me Court and other courts. Some of the trea- 
tises are enunu ratc-d in § 41 above. 



lOS si'KciAi, i;i:i'(>i;'rs. [sects. 

The followino- are some of tlie most recent uiid ini|)()rtaiit trea- 
tises, with which the student will do well to begin his woi-k ; but 
he is expected also, if tlie nature of his subject seems to require 
it, to consult the older constitutional treatises and general books 
descriptive of American government, such as James Bryce, American 
Common ivealth, and Carlier, La litpublique Ami'ricaine. (See also 
§36.) 

Joseph Story, Commevtaries on the Constitntion (5th edition, 
1891) ; James Kent, Commentaries on American Law (12th edition, 
1873) ; John N. Pomeroy, Introduction to the Constitutional Law of 
the U. S. (10th edition, l.SS.S) ; J. 1. C. Hare, American Constit^i- 
tional Laio (1881)) ; John Ordronanx, Constitutional Legislation in 
the U. S. (1891) ; H. Von Hoist, Constitutional Latv (ISS'd) ; Thomas 
M. Cooley, General Principles of Constitutional Law (2d edi- 
tion, (1891) ; Thomas M. Cooley, Treatise on the Constitutional 
Limitations (Qih edition^ 1890); Joel Tiffany, Treatise on Govern- 
ment and Constitutional Law (1867) ; S. T. Miller, Constitution of 
the United States (18H0). See also, §§ 11, 12, 36, and Hart's 
Federal Government^ § 469, for additional references. 

The Derisions of the United States Supreme Court will be found in 
the Reading Room, with the United Slates Documents. Here are 
also the Opinions of the Attorn ies General. The cases may be 
reached through the digests, of which co})ies will be found with the 
reports ; and also tiirough the four following books : Rol)ert Desty, 
Constitution <f the United States., vrith Xotes ; A. h. Baker, Annotated 
Constitution; G. W. Pascliall, The Constitution annotated ; O. F. 
Bump, Notes of Constitulionul Decisions. It should be observed 
that Desty is made up principally of abstracts of court decisions, 
both national and State, which do not express the opinion of the 
editor of the liook ; hence diffei-ent decisions cited in the same par- 
agi'aph may contradict each other; the authority in such eases is not 
Desty, but the court which i)ron()unced the decision. 

CoNFEKEXOE. In addition to the conference hours of the assist- 
ant, the instructor may himself be consulted at liours to be hereafter 
announced. 

Method. The easiest and most comi)lete way of handling the 
subject is 1o lake notes upon loose sheets. ai)propriatiug one for each 
branch of the subject as it is developed. The student may then go 
through all tlie aulhorities, searching simply for discussions which 
may seem to hiiii to bear upon the point, and taking his references 
point by jtoint. lie wi 1 then have a body of classified references and 
may go back t<» those which he has marked as being most important 



88-84:b.] CONSTITUTIONAL SUM.IEcrs. 109 

and most to the point. He may then, by reading the authorities on 
each point seriatim, compare them with each other and come to a 
decision. 

§ 84. Constitutional subjects. 

The following- list shows the kind of subjects which may prolitably 
be treated. It includes many topics upon which reports have already 
been prejared in History 13. 

§ 84a. Nature of the Union. [Cf. §§ 25a, 27a, 'J8.] 

1 . Is the Constitution a compact ? 

2. Was the government of the United States sovereign in 1790? 

3. Are tariff acts "necessary and proper"? 

4. What powers are forbidden to both the Nation and the States? 

5. How far is the intent of the framers of the Constitution to be 

taken into account in determining its meaning ? 

6. Can a power not distinctly implied in any specified power in the 

Constitution be implied from several clauses taken together ? 

7. May the United States government exercise a power because it 

was a power customary in civilized govei-nments at the time 
the Constitution was framed ? 

8. Is the ' ' general welfare " clause a limitation on the taxation clause ? 

9. Does the "general welfare" clause give additional powers to 

Congress, not elsewhere stated? 

10. Was the Sedition Act constitutional? 

11. Was the Embargo constitutional? 

12. Was the Legal Tender Act constitutional? 

§ 84b. Genesis of the Constitution. [Cf. § 26b, 27c, 33b, 97.] 

13. Did the Second Continental Congress exercise sovereign powers? 

14. Is the Union older than the States? 

15. Has any State existed without being a State in the Union? 

16. Had the Congress of the Confederation supreme jurisdiction in 

prize eases ? 

17. Had the Congress of the Confederation any powei' of enforcing 

its decrees? 

18. Wiis the issue of Continental paper notes really a legal tender? 

19. Had the States a right to secede from the Confederation? 

20. Could the Confederation keej) up a standing army? 

21. Was the Northwest Ordinance a constitutional act? 

22. Was the Confederation ever legally dissolved? 

23. Did the States forever bind themselves by their ratification of 

the Constitution ? 



110 SPECIAL REPORTS. [SECTS. 

24. Who were " the people of the United States " in 1787? 

2a. Wns North Carolina in or out of tlu* Union in 17«9? 

20. Was the ooverninent of the United States sovereign in 1785? 

§ 84c. Fundamental rights. [Cf. §§ 2ob, 271), 33j, 99.] 

27. Is there a citizen of the United States who is not also a citizen 

of a State? 

28. Can there be a citizen of a State who is not also a citizen of the 

United States? 

29. Art' aliens entitled to sue in the United States courts? 

30. May Congress by statute forbid aliens to hold real estate in the 

United States? 

31. May Congress by statute confiscate the property of aliens? 

32. Are aliens liable to military service? 

33. Can a Chinaman become a citizen of the United States? 

34. Is the son of Chinese parents, born in the United States, a 

citizen of the United States? 

35. Is the son of American parents, born in Germany, a citizen of 

the United States? 

36. May naturalization be accomplished by State courts? 

37. Is there any legal distinction between a naturalized and a native 

born citizen? 
3.S. What persons are excluded from naturalization? 

39. May Congress by statute withdraw a naturalization once granted? 

40. Can a citizen of the United States divest himself of that citizen- 

ship? 

41. May a citizen of the United States be banished? 

42. May a criminal be sold to service for a term of years? 

43. May a pauper be compelled against his will to return to the State 

from which he came? 

44. May i)vivate h.ouses be searched by I'evenue officers, at night? 

45. ]May a person l)e punished for speaking ill of Congress? 

40. INIay a person be punished in time of war for telling the truth 
about the n ilitary situation of the country? 

47. Can the United States protect a citizen against deprivation of 

his civil rights by a State? 

48. Have the people of a territory a right to trial by jury? 

§ 84d. The electoral system. [Cf. §§ 25b, 27d, 33c, 100.] 

49 . Is the right to be elected to olHce secured by the Constitution ? 

50. May Congress by statute district the States for Congressional 

elections ? 



«4b-84e.J CONSTITl'TIONAL SUBJECTS. Ill 

51. May the United States in any way restrict the suffrage? 

52. Is the belief that polygamy is a cli\'ine institution ground for 

disenfranchisement ? 

53. Would an educational qualification fixed by a State be a reason 

for diminishing its representation in Congress? 

54. May Congress require the registration of voters at national 

elections ? 

55. May Congress require the Australian ballot system at national 

elections ? 

56. May Congress establish a system of minority representation iu 

elections to Congress? 

57. May Congress establish compulsory voting in national elections? 

58. May a State fix any qualifications for members in the House of 

Representatives ? 

59. Maj'^ Congress make any new qualifications for membership in 

either House ? 

60. May Congress prescribe residence in the district from which a 

member is elected as a qualification for membership in the 
House ? 

61. May Congress by statute declare persons who have been engaged 

in war against the United States to be ineligible for member- 
ship in either House ? 

62. May Congress by statute establish qualifications for presidential 

electors ? 

63. May Congress prohibit the States from holding elections on the 

day of election of members to the House? 

64. May Congress by statute empower the federal courts to decide 

contested elections ? 

65. May Congress commit the decision in contested elections to State 

courts ? 

66. Did the Federal Convention expect presidential electors to vote 

according to their individual preference ? 

67. May Congress l)y statute place soldiers at the polls, in States 

where there is no disturbance of the peace ? 
6S. How are vacancies in the elect/)ral colleges filled, between the 
popular elections and the choice of the President? 

§ 846. Status of the States. [Cf. §§ 25d, 27e, 33d, 62, 
100.] 

69. Who decides disputes between executive officials? 

70. What is the effect of a decision of the Supreme Court upon per- 

sons not parties to tlie suit ? 



112 SPECIAL KKI'OHTS. [SECTS. 

71. Does a man owe allegianee to his State? 

72. Does the "•supreme Inw " ohmse provide that a State cannot 

secede ? 

73. Who finally decides as to the meaning; of the phrases of the State 

constitutions ? 

74. What duties do State goveiiiinents perform for the national 

government ? 

75. May Congress by statute assign duties to State officials? 

76. In case of concurrent powers between the national and State 

governments, which has precedence? 

77. Who decides disputes between the States and the national gov- 

ernment ? 

78. May Congress under any circumstances declare a State statute 

void ? 

79. May a suit be brought against a St:ite by a citizen of the United 

States ? 

80. May a State be compelled to pay its del)ts? 

81. What rights have States which cannot be infringed by the general 

government ? 

82. Is the Constitution a compact between the States and the general 

government? 

83. What is the meaning of '' interposition " as used in the Virginia 

Resolutions? 

84. What is tlie meaning of •■ nullificMtion " as used in the Kentucky 

Resolutions? 

85. Was millification in 18o;> '• a peaceful remedy"? 

86. What remedy has the United States against nullification? 

87. Is secession insurrection? 

88. Is secession rebellion? 

89. What are tlie constilntionMl remedies in case a State secedes? 

90. What was the legal effect of secession upon the status in the 

Union of the seceding States? 

§ 84f, National legislative department. [Cf. §§ 25f, 27g, 3;U", 
102.] 

91. What ]>()weis h:is the SeiKite which aic not possessed liy the 

Iloute? 

92. What poweis has tlie llousewhicli iirc not possessed by the Senate? 

93. Is the Senate bound by ]):iili:niicnt:u y decisions of the Vice- 

President ? 

94. Could retiring Presidents constitutionally be made senators ex 

officio without votes? 



84:e-84f.] CONSTITl'TIONAL SUBJECTS. 118 

95. May the Senate refuse to admit a senator elect, because it does 

not like him ? 

96. Is there a remedy if a State refuse to elect senators? 

97. Does the Senate represent the States rather than the people? 

98. Is a Senator bound to regard instructions by the legislature of 

his State? 

99. Are territorial delegates members of the House of Representa- 

tives ? 

100. Has the House the sole right to initiate appropriation bills? 

101. May Congress by statute refuse to admit Senators and Repre- 

sentatives elected from a particular State ? 

102. How far may the United States regulate elections to Congress? 

103. Could a person not a member of the House be elected Speaker? 

104. May the Speaker of the House be compelled to resign? 

105. Has the Speaker of the House a right to count a quorum? 

106. May the Speaker of the House vote as a member and again vote 

in a tie on the same question? 

107. Are members of Congress legally bound to vote, if present? 

108. May Congress inflict the penalty of imprisonment on its own 

members ? 

109. May Congress compel the testimony of witnesses? 

110. May Congress inflict any punishment on persons not members 

of Congress? 

111. How long does the privilege of freedom from arrest of a member 

of Congress last? 

112. May Congress by law determine the time of expiration of Con- 

gress ? 

113. Could committees of Congress be required by statute to hold 

their sessions in public? 

114. May the order of business of either House be fixed by statute? 

115. Con a bill be carried through all its stages and Itecome an act. 

all in one day ? 

116. Could either House of Congress by rule limit the {)rivileges of 

dol)ate to chairman of committees? 

117. Is there any remedy if the Journals falsely state that a bill h;is 

been passed ? 

118. Can either House recall a bill after it is passed and sent to the 

otlier House ? 

119. Are petitioners entitled to have their petitions read in Congress? 

120. Are Cabinet officials entitled to diaft bills lo be submitted to 

Congress ? 

121. Is a joint resolution legally different from an act? 



114 SPECIAL REPORTS. [SECTS. 

122. May a Pivsidcnt siuii a l)ill after the adjoununent of Congress? 
]2o. If Congress adjoiiiu for the holidaj^s for ten days, do bills 

held unsigned l>y tlie President become a law without his 

signature? 

124. May Congress by statute assign to the President duties not 

specified in the Constitution? 

125. May Congress authorize the President to make regulations with 

the force of law ? 

126. May Congress under any circumstances forbid the President to 

exercise duties specified in the Constitution ? 

127. Is thei'e any legal limitation on legislative " riders"? 

128. May either House require the President to submit papers? 

129. May the Houses by concurrent resolution require the President 

to submit papers? 

180. Ma}' the House of Representatives refuse appropriations neces- 
sary to carry out a treaty ? 

131. May either House b}' a committee investigate the acts of the 
President ? 

182. Does a bill become an act at the moment the President aflfixes 
his signature? 

133. May Congress get rid of judges by repealing the laws creating 

the courts to which they are attached ? 

134. May Congress punish any person for contempt? 

§ 84g. National executive department. [Cf. §§ 25f, 27h, 33g, 
104.] 

135. What is the remedy if a person under the legal age should be 

chosen president ? 

136. May Congress require heads of departments to be responsible 

directly to Congress ? 

137. Could Congress assign to the Interior Department the manage- 

mcMit of foreign relations? 

138. Could the Vice-President be made a member of the Cabinet? 

139. Are Cal)inet officers bound to obej^ the directions of the Presi- 

dent or else to resign? 

140. Is the act of a Cabinet officer legally the act of the President? 

141. What is a "department" in the nieauiiig of the Constitution? 

142. May the President be summoned as a witness? 

143. What is the remedy if the President commit an unlawful act? 

144. Can the President pardon a man before indictment? 

145. May the President delegate his executive powers to subor- 

dinates ? 



84f-84g-.] C;ON>STITUTIONAL SUBJECTS. 115 

14G. May the President constitutionally perform an act which the 
Supreme Court has held to be unconstitutional? 

147. May an otlicialof the United States nt the same time hold office 

under a State or territory ? 

148. May Congress impose any official duties it pleases on officers of 

the government other than the President? 

141). May a suit be brought against a Cabinet officer on account of 
an official act? 

l.")0. May a suit be brought against the President on account of an 
official act ? 

1.51. May the President appoint persons without salary to offices not 
created by Congress ? 

I ')2. May Congress designate persons to occupy public offices already 
created ? 

153. May Congress in creating an office designate the person who is 
to fill it? 

1.54. May Congi-ess by statute give to officials a term during good 
behavior? 

15.'). May Congress by statute limit the term of i)ublic officials? 

15<). Is the power of removal a part of the power of appoint- 
ment ? 

157. May Congress by statute provide that the Senate shall partici- 
pate in removals ? 

f58. May Congress by statute order the promotion of a designated 
official ? 

159. May the Senate require papers relative to removals, before con- 
firming appointments to fill the vacancies thus caused ? 

1 <■)(). May Congress by statute require the President to state reasons 
for a removal ? 

f Gl. May Congress by statute require heads of departments to state 
reasons for removals ? 

162. May Congress by statute remove officials by shortening the 
term of their offices ? 

103. May Congress by statute require that appointments shall be 
made only from persons who have passed a civil service ex- 
amination ? 

164. May Congress require that appointments to office be appor- 

tioned per capita among the States and territories ? 

165. Could Congress by statute give Cabinet officers seats in either 

House ? 

166. May the executive submit drafts of bills to Congress? 

167. May the Senate censure the President? 



116 SPECIAL REPORTS. [SECTS. 

168. Have executive regulations for government employees the force 

of law ? 

169. May Congress give the President power to withdraw duties on 

imports ? 

170. May a President refuse to carry out an act of Congress on the 

ground tliat it is unconstitutional? 

§ 84h. National judiciary. [Cf. §^ -I'yf, -iTi, :'.;'.h, 105.] 

171. May Congress create a judgeship witli a limited term? 

172. May Congress constitutionally abolish a judgeship without pen- 

sioning the incumbent ? 

173. May a President be impeached for incompetency? 

174. Can Senators of the United States be impeached? 

175. Does resignation remove an official from liability to impeach- 

ment ? 

176. Is impeachment a judicial process? 

177. May an executive official be ivcpiircd 1)y a court to ))crfonn :in 

act forbidden by the President ? 

178. Is a decision of the Supreme (Oint liinding on Congress? 

179. Is a decision of the Supreme Court binding on the President? 

180. Is there a remedy for an unconstitutional decision of the Su- 

preme Court? 

181. Is there any limitation on the Pri'sident's power of pardon? 

182. May Congress by law relieve from i)ciudties already incurred? 

183. May the President pardon offences :igainst St:ite biws? 

184. Have the United States courts criminal jurisdiction at common 

law ? 

185. In cases of concurrent jurisdiction between State and national 

courts, which has tlie precedence? 
ISC). May Congress exclude particular kinds of cases from the de- 
cision of tlie Supreme Court? 

187. Is the Supreme Court bound by its own previous decisions? 

188. What is the tribunal for offences committed in United States 

public buildings? 

189. What is the tril)un:d for offences committed in United States 

military i)Osts? 

190. What is the tribunal for offences couunitted on board American 

merchant vessels on the high sea? 

191. What is the tribunal for offences couunitted on board foreign 

merchant vessels in American ports? 

192. What is the tribunal for offences committed 1)y civihans on 

American ships of war? 



84g-84i.] CONSTITUTIONAL SURJECTS. 117 

193. What is the tribunal f(n- offences by civilians on board foreign 

ships of war in American ports ? 

194. May the Supreme Court render opinions at the request of any 

executive official? 

195. May the United States courts issue writs of Habeas Corpus 

against State officials? 

196. May State courts issue writs of Habeas Corpus against United 

States officials ? 

197. Can cases arising under federal laws be tried in State courts? 

198. Can cases arising under State laws be tried in federal courts? 

199. Ma}' a State which has made coupons on its bonds receivable 

for taxes. 1)0 compelled to receive such coupons? 

§ 84!. Territorial questions. [Cf. §§ 25g, 27j, 33i, 84h (ques- 
tions 188-193), 106.] 

200. May States repeal acts granting exclusive jurisdiction to the 

United States over forts ? 

201. Who has jurisdiction over a murder committed in a United 

States custom house ? 

202. Has the United States constitutional power to plant colonies? 

203. Who owns the bottom of the sea between high and low water- 

mark? 

204. Who owns the bottom of the sea between low water-mark and 

the three mile limit? 

205. May the United States forbid Americans to fish on the New- 

foundland banks? 

206. In what jurisdiction are the Great Lakes? 

207. May Congress erect the District of Columbia into a territory? 

208. May Congress define the duties of a governor of a teriitory? 

209. May an officer of the army be appointed governor of a ter- 

ritory ? 

210. Can territorial officials be officers of the United States? 

211. May territorial judges be removed? 

212. Does the Constitution ipso fado extend to the territories? 

213. Does a State by secession become a territory? 

214. May Congress relegate an organized territory to the unorgan- 

ized status? 

215. May Congress b}^ a special tax on property in the territories? 

216. Maj' Congress annul the charter of a corporation granted by a 

territorial legislature ? 

217. May Congress fix conditions on States at admission, which will 

hold good after admission? 



118 SPECIAL i;i:i'()i{Ts. [sect. 

21.S. Was the aduiiasioii of W*'st \'ii<iiiiia constitutional? 
■2i;i. Do territorial laws i\ main in force after tlu' admission of the 
territory as a State? 

220. Mav a territoiy form a State conslitution without an enal)ling 

act? 

221. Can a State be formed without the consent of the people? 

222. May States tax t!:e public lands within their limits? 

223. jSIay the leal estate in territories be taxed by a national statute ? 

224. Are the people of conquered territorj' entitled to privileocs 

secured under the Constitution ? 

225. May the United States lease public lands for a term of years? 
220. Are there any limitations on the right of the United States to 

dispose of public lands ? 

227. May Congress recall a land grant once made? 

228. May Congress give land to aliens? 

229. Have Indians any rights which Congress is bound to respect? 

230. Have the Indians a legal right to the lands whicli they occupy? 

231. Can a crime connnitted by an Indian on an Indian on his reser- 

vation be punished by a United States court? 

232. May Indians be removed from their reservations without their 

consent ? 

233. May Congress by statute compel Indians to send their children 

to school ? 

§ 84J. Financial questions. [Cf. §§ 25h, 27k, ;3;3k, o<J, 107.] 

234. May the United States seize State property for national i)ur- 

poses ? 

235. Is there any limit on the i)urpose of taxation by the United 

States ? 

236. May a State tax the incomes of United States otiicials? 

237. May the United States tax the incomes of State officials? 

238. Is an income tax a direct tax? 

239. May Congress tax the property of cities? 

240. May the States tax the income derived from government securi- 

ties? 

241. May Congress lay an import <luty so high as to be pio- 

hibitory ? 

242. May Congress make duties on imports from one country less 

than those on similar imports from another country ? 

243. May Congress grant to individuals the privilege of importing 

goods on which otheis pay duties? 

244. May a State tax imported goods? 



84i-84k.] CONSTITUTIONAL SUBJECTS. Ill) 

245. May the United States seize imported goods ou payment of the 

declared vahie ? 

246. Do Ameiican ambassadors have the right to bring goods into 

the United States duty free ? 

247. May the United States forbid the importation of goods? 

248. Are passengers entitled to bring in their personal baggage free 

of duty ? 

249. Is there a remedy if the collector assess an illegal rate of 

duty on imports? 

250. Could the United States take upon itself the monopoly of manu- 

facturing whiskey ? 

251. Are import duties a lien on the goods on which they are 

assessed ? 

252. May the United States tax legacies? 

253. May the United States tax oleomargarine on the ground that it 

is unhealthful? 

254. May the United States lay a tax on oleomargarine in order to 

protect the producers of butter? 

255. May Congress distribute surplus revenue among the States? 

256. Were the bills of the First United States Bank bills of credit? 

257. Are there any limitations on the borrowing power of the 

United States? 

258. Can the United States be compelled to pay the interest on its 

debts? 

259. May the United States make silver certificates legal tender? 

260. May the United States make its own notes legal tender in 

times of peace? 

261. May the United States make its notes legal tender to individuals, 

but not legal tender to the government ? 

262. Could the United States create a bank in which it was the sole 

stock-holder ? 

263. May a State tax a national bank? 

264. Does the United States guaranteee the national bank notes? 

§ 84k. Commercial questions. [§§ 25j, 271, 331, 52, 108.] 

265. May States regulate interstate commerce? 

266. May the United States regulate commerce carried on wholly 

within the limits of a State ? 

267. May Congress prohibit commerce from State to State? 

268. May Congress regulate commerce through health laws? 

269. May Congress regulate the sanitary condition of foreign vessels 

leaving United States ports ? 



120 SPECIAL REPORTS. [SECTS. 

270. May a State prohibit tlie importation of any foreign commodity? 

271. Is a national bounty to fishermen constitutional? 

272. May the United States provide for the opening of letters in 

transit through the mails? 

273. May the United States refuse to deliver letters to the persons 

addressed? 

274. May Congioss forbid express companies to carry packages 

weighing less than four pounds? 
27o. May Congress prohibit the immigration of persons of a particu- 
lar race ? 

276. May Congress prohibit the emigration of American citizens? 

277. May Congress prohibit the immigration of persons not able to 

read and write? 

278. Have the States any power to prohibit immigration? 

279. May the United States prohibit immigration at specified ports? 

280. May the United States construct and operate railroads? 

281. Ma}' the United States construct roads in a State without the 

consent of the State? 

282. May Congress provide bylaw for the purchase of a railroad for 

public use, without the consent of the owners ? 

283. May Congress grant money subsidies to railroads chartered by 

a State? 

284. May Congress recpiire railroads chartered by States to make 

returns to a national conunission? 
28r>. May Congress regulate railroad rates? 

286. May Congress take over and operate the telephone system on 

public account? 

287. May the United States close m navigable river? 

288. May tlie ITnited States open a new channel for sea going vessels 

without the consent of the State in which the channel lies? 

289. Can foreign built yachts, the property of American citizens, be 

imi)orted without the payment of duty? 

290. May ('ongress construct a canal outside United States terri- 

t(M-y ? 

291. May Congress appropriate ))ubUe money to protect private 

property from the wash of rivers ? 

292. May the States levy duties on vessels engaged in foreign com- 

merce ? 

293. May Congress constitutionally paj' a subsidy to a steamship fine 

except for carrying the mails ? 

294. May Congress tax vessels, to keep up a life-saving service? 
i\)h. May Congress pass a retroactive bankruptcy act? 



84k-84l.] CONSTITUTIONAL SUBJECTS. 121 

296. May Congress by statute provide that the government may use all 

inventions hereafter patented without payment to the inventors ? 

297. May Congress provide for the granting of trade-marks? 

298. May Congress pass usur^- laws? 

299. May Congress regulate fire insurance? 

300. May Congress regulate life insurance? 

.301. May Congress by statute compel people to answer the questions 
of census takers ? 

302. May Congress constitutionally pass a general eight hour law? 

303. May Congress constitutionally regulate wages? 

304. May Congress create corporations which serve no public 

purpose ? 

305. May Congress constitutionally regulate State banks? 

306. May Cangress constitutionally regulate trusts? 

307. Is a State charter of a lottery company a contract? 

308. May Congress regulate the manufacture of cotton goods? 

309. May Congress regulate the methods of mining copper? 

310. May Congress constitutionally construct a system of irrigating 

canals ? 

311. May the United States erect model farms at the public expense? 

312. May Congress constitutionally appropriate money to be spent 

in causing rain storms ? 

313. May Congress constitutionally prohibit the sale of liquor? 

314. May Congress constitutionally forbid the transportation of 

liquor from one State to another? 

§841. Foreign questions. [Cf. §§ 25j, 27m, 33m, 55, 109.] 

315. May the President withhold the exchange of ratifications of a 

treaty after it has been latified by the Senate? 

316. May a treaty grant to a foreigner privileges not enjoyed by 

American citizens ? 

317. May the President appoint foreign envoys without provision by 

Congress for their salaries ? 

318. May the President refuse to submit to the Senate a treaty dul}' 

negotiated ? 

319. Has the Senate a right to l)e consulted before the beginning of 

a negotiation? 

320. Has the House of Representatives any constitutional power 

over treaties? 

321. May a treaty be superseded by a statue? 

322. May a statue be superseded by a treaty? 

323. May a tariff be altered by treaty? 



122 SPECIAL UEPOUTS. [SECTS. 

§ 84m. War powers. [Cf. 2.")j, 27n, ;):?iii, C>H, 110.] 

324. Can 11 President make Avar witliout a declaration of war? 

325. May the property of individuals be confiscated, as a war 

measure ? 

326. May martial law be declared in parts of the country where 

there is no war? 

327. Are volunteers militia? 

328. Are West Point Cadets officers of the United States? 

329. May the President delegate his power of c<miniander-in-chief ? 

330. Are the States bound to furnish militia when called upon? 

331. Can the United States take merchant vessels into the Navy 

without the consent of the owners? 

332. Has a Naval Cadet a right to an appointment in the Navy? 

333. Can Congress constitutionally discontinue pensions once 

granted ? 

334. Is resistance to the i-evenuc officers a levying of war on the 

United States ? 

§ 8411. Miscellaneous powers. [Cf. §§ 2f)k, 27o, 33n, 70, 111.] 

335. May the United States establish a national university sup- 

ported by public taxation? 

336. May the United States appropriate money for the support of 

State universities ? 

337. May the United States appropriate money for primary educa- 

tion in the States? 

338. May Congress by statute forbid the religious service of a par- 

ticular church ? 

339. May Congress appropriate money for destitute persons who 

come to this country, the victims of foreign oppression ? 

340. May Congress appropriate money for persons made destitute 

by fire or fiood ? 

341. May vessels of the United States Navy be used to keep order 

in case of rebellion f)r insurrection? 

342. Is the President bound to execute a law which he considers 

uiiconstitutional? 

343. May troops be used as n jxhsse covn'tatKti? 

§ 85. Example of a constitutional report. Reports on constitu- 
tional subjects of course tliffer vt'ry nnicli in length and in the manner 
of treatment. The subjoined report is selected because of its excellent 
arrangement, and clearness of statement. Care should be taken not 
to make the re])oits too long : a part of the drill consists in the put- 
ting results into small compass. 



t^;4ui-h;r).] example of constitutional. 12'6 



May (;<)N(ii{ESS ke(5ulate freight kates to and fkom foreiun 
COUNTRIES? — Pr('i)ared In' Mr. E. Goldmakk. 

General discussion. 

A.S a result of my investigation I give an 
unqualitied answer in the affirmative. Con- 
gress may regidalc freight rates to and from 
foreign countries. 

So far as I can find out, the right has never 
been (jnestioued. It seems to flow naturally 
from the sovereign control over commerce 
vested in Congress by the Constitution. The 
absence of any sufficient control over com- 
merce during the (Confederation, the de- 
monstrated necessity of exclusive power 
emanating from one authority, led to the 
creation of Congress as this authority with 
absolute power. 

Decisions of the Supreme Coicrt of the United 
States hare interijreted this grant of power as 
reaching all cases that might in any manner 
arise in commercial relations with foreign 
countries, among the States, or with the 
Indian tribes. 

Although Congress has never regulated (so 
far as I can discover) freight rates to and 
from foreign countries, the mere fact that 
freight rates between States have been regu- 
lated in the Interstate Commerce Act of lo87, 
and that this regulation has been declared 
thoroughly constitutional, makes it follow 
naturally that, regulation in foreign com- 
merce is as much sanctioned by the Consti- 
tution. 

The writers and commentators on the Con- 
stitution have all declared the power over 
foreign commerce as applying to anything 
and everything that might arise, and have 
confined their discussion to interstate com- 
merce. If then the regulation of freight 
rates in the latter is constitutional (because 
it might be argured that such i-egulation was 
a matter of State control), all the more so 
must su(;h regulation be >cilhi/i the limits 
prescribed liy tlu; Constitution when it ex- 



124 



SI'KCIAL itKi'ours. 



[.SKCT. 



tends to foreign conmu'rce, over which there 
has never been u i|uestion as to who has 
the jurisdiction. 

I. The Constitution. 

The Constilulion contains no special refer- 
ence with regard to the reguhition of freight 
rates. The right of such regulation must be 
inferred from : 

1. -'Congress shall have jjower to regu- 
late commerce with foreign nations and among 
the several States and witli the Indian 
tribes."! 

2. '• Congress shall have power to make 
all laws that sliall be necessa?-!/ and projjcr 
for carrying into execution the foregoing 
powers. "2 

II. Commentators. 

What then is the extent of this regulating 
power ? 

The earliest reference is to be found in the 
Federalist, where tlie power is generally dis- 
cussed in various j^laces. It is rt'garded as 
exclusive and as the necessary substitute for 
the inefFicieut control of th(> Confederation 
Congress. 

The constitulional writers are all agi-eed 
as to the extent of the power. One or two 
citations will suffice. 

Says Stori/ in his discussion of tlie powers 
of Congress: — "In regard to foreign na- 
tions, it is universally aduiitt('(l tliat the 
words conipreliend rrcrij spccii's of cornmci'- 
ciul i/ifcrconrse. . . . Coniiucrce as used 
in the Constitution is a unit, every part of 
which is indicated l)y tlie term." •' 

Says e/. /. C. Hair: "The jjowcr of Con- 
gress is coextensive with tlu; citlirc field of 
commerce, including not onl}- trallic, the sale 
and excii.ingf of coniuioditics l)ut the in- 
tercourse without which trallic would be im- 
practical)lc. . . . 'I'he power of Congress 
is exclusive as to transportation." ■♦ 

Says Mllli r: ••Tlie element of commerce 
which liiis Im'cii most fnn|ueiitly the subject 



' Conxtitution of the 
U. .ST. Artidp I, Sec. 
8, § .-i. 



* CoriKtitution of the 
U. S. Article I, Sec. 
8, §18. 



•' Story, ('omriie/nturiem 
nil till- Confititiitiuti, 
§ lotK, ; Miirsliall ill 
(ilhbou /■.«. Ofjdeii, 9 
Whmton, 1. 



« J. I. C. Hare, Comti- 
tution of the U. S., 434, 
478. 



85.] 



EXAMPLE OF CONSTITUTIONAL. 



125 



Miller, l.ecturei oti tlit 
Constitution of tin 

u. s., 44;. 



of legislation and which has received most 
frequent consideration by the courts is what 
may be called ' transportation.' A large 
part of the transpor/afion of frright and pas- 
sengers in this country from the Pacific to 
the Atlantic coast, or vice versa, is done in 
one vehicle and by one continuous passage. 
It is my opinion that such traffic is subject 
to legislalion l)y Congress.'"^ 

'iliese extracts will be sufficient to show : 

1 . The poioer of foreign eommeree is ex- 
t'/nsive. 

2. This power hence includes transporta- 
tion of freight. 

3. This transportation is subject to legisla- 
tion bji Congress. 



Gibbon w. Ofrden, 
W'heittoit, 1. 



III. The Supreme Court. 

Opinions of the Supreme ('ourt, both di- 
rectly and indirectly confirm the right. 

The first important decision bearing on 
the point in question is that of Chief Justice 
Marshall in the famous case of Gibbon vs. 
Ogden, heard before the Court in 1824. 
Some extracts are : 

1. ^'■Every species of co7nrnercial inter- 
course is comprehended in the power. . . . 
If Congress had the ])owerto regulate foreign 
commerce that power might lie exercised 
wherever that commerce went. 

2. "To regulate commerce is to pre- 
scribe rules by which it shall l)e conducted. 

3. " This power acknowledges no limita- 
tions."'" 

From these extracts from the first impor- 
tant judicial definition of commerce and its 
cxtint, the inference is direct, that, inasmuch 
as rules may be prescribed by which com- 
merce shall be governed, and as the; power 
acknowledges no limitations, tin regulation 
if freight rates is fully within the power of 
Congress. 

Hut later decisions place the power still 
more beyoml dispute. In Welton vs. State 
if is declared : " Commerce includes i\w. trans- 



126 



Sl'KriAI, IIKI'OIJTS. 



[SECT. 



Welton vs. State, 91 
U. S., 275. 



" State Freight Tax. 15 
IVallace, 2.32. 



» U. S. v.i. Railroad 
Bridge Co., 6 McLean, 
517. 

10 Brif,' Wilson vh. U. S. 
1 Brock, 423. 



portation, purchase, sah; ami t'\cliaiiu:t! of 
commodities between the citizens of tlu' 
United States and the citizens and subjects 
of other conntries."^ 

Ajrain in the State Freij^ht Tax casc^ : ' ' The 
lirinjrinjr of goods from the l)nyer to the 
seller is commerce." 

In the same case we ha\-e a most direct 
reference to the subject under consideration, 
as we have here the word frei<^ht directly 
mentioned: "27ie Iransjjortation of freight 
or of the. fiuhjeclfi of commerce for the purj)ose 
of exchange or sale is a consliluent of com- 
merce.''"^ 

An}' numl)er of other cases might l)e cited. 
But tliey all interpret the Constitution the 
same way. All agree that " the e<)innier(;ial 
power can only be exercised and can-ied out 
by legislation, ""9 and that " Co)igr(ss has (he 
poivcr to regtdn'e ihe vessels as irell as the 
articles they bri/ig.'"^^ 

We have thus the authority of Congress 
most distinctly asserted in these various 
decisions. 

IV. Practice. 

The power then having been assertinl, the 
next (juestion is, has ( 'ongress placed its right 
or power still fui'ther l)eyonil dispute, by 
actual legislation? 

It has been shown that the right of al)solute 
and exclusive legislation has never lieen (jues- 
tioned as far as foreign co'nimcrce is con- 
cerned ; that wliile we liave souk; direct 
statements in decisions of the right as aj)plied 
to foreign commerce (see above, U. S. vs. 
U. II. Bridge Co. and T.rig Wilson vs. U. S.), 
our softest argument is by inference, assum- 
ing a(!lual legislation in interstate connnerce 
as the basis of that infi'rence. 

In the Interstnie Commerce J.a/r'^^ we find " Act of Feb. 4, i«87 
actual reo-ulat ion of frei-ht charges; not in- '^'"'"'** "' ^-"''^"' 

' ^ ■ t- ' XXIV. 

deed a specilic stalenu'ut (hat sucii charges 
shall be so much and no more, l)ut instead, 
the statement that the rates shall be reason- 
able. 



8o.] 



EXAMl'LE OF CX)NSTlTUTIONAL. 



127 



1- The Interstate Com- 
nicrco Act, Sec. 1, 
§ -2. Ibid. 



Interstate Commerce 
Alt, Ameudmeut to 
Sect. 6. YuV.S.Stat- 
iites at Large, xxv, 

855. 



The statement verbatim as given in the 
first section of the Interstate Commerce Law 
as passed in 1887 reads : "All charges made 
for any service rendered or to be rendered in 
the transportation of passengers or j)roperty 
as aforesaid, or in connection therewith, or 
for the receiving, delivering, handling or 
storage of sucli property shall be reasonable 
and just, and every unjust and \mreasonable 
charge for siich service is prohibited and de- 
clared to be unlawful." i-^ 

The language of the act speaks for itself 
and needs no elucidation. 

In the amendviod x>ropo>ied and carried in 
1888, we have the final link in the chain of 
evidence. Wliile embodied in the provisions 
of the Interstate Act it directly applies to for- 
eign commerce and hence makes our infer- 
ence still more valid. The important parts 
of the amendment are given in the following 
paragraph : 

"Any conunon carrier subject to the pro- 
vision of this act receiving freight in the U. S. 
to be canned through a foreign country to 
any place in the U. S., shall . . . print . . . 
schedules showing through rates established 
and charged by such common carrier to all 
points in the U. S. beyond the foreign country 
to which it accei:)ts freight for shipment.'" ^^ 

Of course these published rates as shown 
above must be reasonable. We have here 
then the legislative power of Congress exer- 
cised, and exercised in the reguUition of the 
rates of transportation. 

As a result then of working along these 
various lines of evidence (I have omitted a 
good deal of matter because it would be mere 
repetition) I reach the following : 



Conclusion. 



1. The power of Congress over foreign 
commerce is exclusive, as attested by : («) 
constitutional writers ; (6) decisions of the 
Supreme Court of the United States. 

2. This power includes the regulation of 



128 SI'ECIAt. K'Kroi.'TS. [SECTS. 

triuisitorfatioii of |mt-()iis aii<l propciMx :inil 
hence of fivij^lit. 

3. ConjrrcPs has assert»Kl its riiilit in tin- 
(lisputeil (loinain of interstate commerce, 
having by act reguhitcd rates of freif'jht, 
declarin>J^ that these inii>t in all cases he 
reasonahh'. 

4. Althougli tlic Statutes at Larjje give no 
instance of actual reguhilion of treiglit rates 
to and from foi'cign countries, yet from tlie 
above the inference is direct, lliut in full 
accordance willi the power vested h\- tlie 
Constitution — 

Congress may regulah frru/lii rdh s l» utiil 
from fo7'('i(/!i roitufrirs. 

§86. Statistical special reports. [i'W H «4i, H4j, 107, 108.] 

Object. It is very important that every student should learn 
where to find and how to use statistical material illustrating the his- 
tory and politics of the United States ; and that he should master tin- 
complicated system of the Public Documents. 

Scope. To each student is assigned a statistical subject covering 
a series of years. The report is to be made in the form of a statis- 
tical table, showing the total for each (fiscal) year, and the sum total 
for the whole period. No narrative is expected, and no additional 
infornnition, except such as may be necessary to elucidate the figujcs. 

Authorities. The following general authorities will be reserved 
in the American History alcove, or in the alcove in Political Economy, 
or in the set of reserved books on (ioverument. 

The Statist ic( (I Absfraet (17S'.>-1.S!);-)) ; Comjyendium of the Tenth 
Census (1 700-1. S80) ; Bulletins of the Eleventh Census (1890); 
Compendium^ and other volumes of the Eleventh Census ; Scribner, 
Statistical yl/Zas (1790-1880) ; A. R. Spofford, American Almanac 
(1789-1888); Francis A. Walker, Statistical Atlas of the United 
States (1790-1870); The Citizen's Statistical Atlas; E. C. Lunt, 
Key to the Publications of the U. S. Census (1790-1880) ; J. I. 
Lalor, Cyclopaedia (1789-1883); McGregor, Progress of Americn 
(1789-1844); Adam Scybert, Statistiad Annals (1799-1817); T. 
Pitkin, Statistical View ( 1 789-1 81 1!) ; 'l\ Donaldson, Public Domain 
(1789-1883) ; Edward Stanwood, President iiU Elections {1790-\H91) ; 
Alexander Johnston, American Politics (\7H9-\>^Hl) ; Whifj Abnanac, 
Tribune Almanac, World Almanac. 

Prui.ir Documents. The data for many of the topics must be 
sought in the pubhcatious of the government of the United States ; 



<So-8<.] JSTATISTICAL. 129 

and, wherever time permits, statements found in the general author- 
ities must be verified by reference to the original reports. Under 
each (Congressional) year are to be found at present eight subdi- 
visions of Congressional Documents : (1 ) Senate Journal ; (2) SeiKdc 
Executive Documents ; (3) Senate MisceUa neons ; (4) Senate Repoyis: 
(5) House Journal; (6) Ilonse Executive Docnnients ; (7) House 
Miscellaneous ; (8) Honse Reports. In the Journals (1 and 5) can 
be traced the progress of any bill or resolution ; they are carefully 
indexed. (See § 46.) In the Executive Documents (2 and 6) are 
to be found reports made l)y the executive departments, officers and 
bureaux. The annual reports of members of the Cabinet and their 
subordinates are now included among House Executive Documents, 
though for earlier years they are often to be sought in the Senatt' 
Executive Documents. (See John T. Ames, Finding List.) Except 
the Journals, the Congressional Documents are not paged contin- 
uously, but are made up of Documents numbered consecutively, eacli 
having its own paging. See Guide., § 29. 

Indexes to Public Documents. A list of indexes may be found 
in the Gnide, §§ 16, 29; most of the books there referred to are 
reserved with the documents. 

Conference. In order to aid students in consulting the docu- 
ments, the assistant will hold his stated conference whei-e the^^ :uv 
shelved, and where students can use them in sitn. 

Methods. It will probably Ije found most convenient to go 
through the general statistical works, noting references to useful 
tables ; then to go to the indexes, and take the titles of reports or 
other documents, and then to search in the documents themselves, 
and to compare the official figures with those found elsewhere. 

Form. The report should contain : 

(1) An alphabetical list of authorities containing valuable infor- 
mation or tables on the subject, with precise references to the pages. 

(2) A neatly and systematically arranged statement of the result, 
year by year, in tabular form. All tables must be correctly footed. 
Figures should he so placed in cohinms as to make it easy to verify tJie 
results. No written explanations should be made except such notes 
as may be necessary to elucidate the text. 

Discrepancies. Particular care should be taken to point out ei-rors 
or discrepancies. 

§ 87. Statistical subjects. [See also §§ 107, 108]. 

A very large number of statistical subjects have never been caie- 
fully investigated. In assigning them it will be found that a period 
of thirty years is usually as much as can be well covered in the time 



130 Sl'KCIAI. IJKP( HITS. [SECTS. 

allotted to the subject. From 17«9 to 1829 the statistics on many 
subjects are very defective ; from l)-i-29 to 1861 they may be found, but 
require special care because of the irreoularity of the repoi'ts and the 
lack of indexes. From 18()I tlown the reports are much more full 
and accurate. The following are some of the groups of subjects : 

Receipts of the United States from the tariff. On lumber ; 
Crocker}' and china ; glass ; glassware ; silks ; works of art ; books ; 
hemp and flax ; provisions ; sugar ; tea and coffee ; salt ; fish ; eggs ; 
meat products ; breadstuffs ; fruits ; nuts ; chocolate ; liquors ; wines ; 
tobacco ; opium ; Avoolen goods ; glass ; pig iron ; wrought iron ; iron 
and steel ; iron ore ; sheet iron ; hoop iron ; wire ; screws ; wire 
rope ; hardware ; cotton goods ; lead ore ; lead ; zinc ; carpet wools ; 
carpets ; raw silk ; ribl)ons ; millinery ; buttons ; gloves ; copjjer ; cut- 
lery ; ready-made clothing ; worsteds ; scientific and optical instru- 
ments ; quinine ; manufactuies of leather ; explosives ; fire arms ; 
manufactures of wood ; paper ; rubber. 

Otueu receipts of the United States. From the sales of pub- 
lic lands ; sales of government property ; patent-oflice fees ; sale of 
postage stamps ; sale of postal cards ; the conscience fund ; fines and 
forfeitures ; consular fees ; loans ; confiscations ; commercial fees ; 
premiums on bonds ; copyright fees ; stamps on documents. 

Expenditures. For foreign missions ; consuls ; United States 
capitol ; other public buildings ; President's household ; civil pen- 
sions ; military pensions ; salaries of congressmen ; contingent ex- 
penses of the House ; of the Senate ; of the State department ; 
printing; engraving and printing bank notes; purchase of Indian 
lands; purchase of sites for forts and buildings; District of Colum- 
bia ; territorial governments ; survery of public lands ; internal 
improvements; Indian education; support of Indians; n)ileage of 
congressmen; interest on public debt; repayment of del)t ; post- 
office service ; railroad post-ollices ; post-office free delivery ; subsidy 
to vessels ; cai rying sea mails ; payment of troops ; payment of 
drawbacks; payment of sailors; building ships; suppoiting the 
Army ; supporting the Navy. 

Approi'hiations. For each of the above mentioned purposes. 
Note that appropriations :ire ordinarily made in the fiscal year before 
they are expended, and sometimes are made two years before they are 
expended. 

Ni'MUKiis. Cadets at West Point ; cadets at Annapolis ; active 
officers in the Army ; active officers in the Navy ; i-etired Army and 
Navy officers ; enlisted men in the Army ; enlisted men in the Navy ; 
lirst-class post-oftices ; second-class post-oHices ; third-class post- 



87-88.] EXAMPLE OF STATISTICAL. 131 

offices ; fourth-class post-offices ; fifth-class post-offices ; postmasters ; 
consuls ; foreign representatives others tl.an consuls ; United States 
marshals ; United States judges ; vessels in the Navy ; vessels built 
for the Navy ; national banks ; total inmiigrants ; immigrants from 
each of the principal foreign countries ; Chinese immigrants ; pen- 
sioners ; patents ; copyrights. 

Amounts. Legal tender notes outstanding ; tonnage of vessels 
built ; tonnage of vesse's entered and cleared ; tonnage engaged in 
foreign trade ; tonnage engaged in coasting trade ; receipts from cus- 
toms duties ; silver certificates outstanding ; gold minted ; silver 
minted ; cash balance in the treasury ; funded debt bearing interest ; 
ao'd certificates; silver certificates; fractional currency; bonds to 
secure national bank cii'culation ; defalcations by public officials ; 
capital of national banks ; capital of state banks. 

§ 88. Example of a statistical report. 

1!k<kii"Ts kkom DiTiES ox Tix Plate, 1861-18S9. — Prepared by 
JMr. A. V. WooDWORTii. 

Sec Youiifr's Report, Fmiu the 3d of ]\Iarch, 1857, the duty on 

Appeiulix A, p. S4. jjn plates was 8% ad valorem until March 2, 

,, **"'„' I laao 1861, when it was ehanii-ed to K %. As the 
Com. Report, 1882, ' '^ '" 

Vol. II, p. 2515. fustoms receipts are not figured previous to 

1867, liut only the amount of merchandise 
imjjorted given, I have been forced to figure 
the receipts from the duties myself and can 
only api^roximate the figures from 1861, 
when the tariff changed in March. 

Until 1884 figures may be found in the 
report on Conniierce and Xavigation, under 
the head of "Tin plates and terne and tag- 
gers tin." After 1884, under the classifica- 
tion of Iron, see " Sheets or plates or taggers 
iron eoated with tin or lead, or with a mixture 
of Avhieh these metals are a component part, 
by the dii)2)ing or any other process, and uom- 
mercially known as tin plates, terne plates, 
and taggers tin of iron or steel.'" 
48 Cong., 1 Sess., Sen. bi 1873 the tariff was reduced from 25% to 
Rep., No. 12, Vol. 1. i.-o/^_ ;^^ jj. shown bv the fiijures. In 1875 the 
pp. 23-129 ; 48 Coufr., , -tc • ,' i\ i i < ^\ 

1 Sess., Sen. Hep., V2. '='"** "^^''*^ -Agiun changed to liVi^ts. per lb.. 
Vol. 1, p. 66, § 153a. and in 1884 Mr. ^MorrllPs tariff bill reduced 

the dut^- to 1 ct. per lb. 

Note. — All references to volume and page 

opposite the figures are to be found in the 



132 SPECIAL ItF.rOHTS. [SECTS. 

report on "Comnicrfe and Xavioation." 
Executive Documents. 

Note. — All fiscal years eiul .June 30th. 

Statistics may also be found in Spofford's 
American xVlmanac for 1870, 1<S7S, and ISSO- 
1888 (early figures unreliable). 

Compiled from the Report on Commerce and Navigation. 

38 ConfT., 1 Scss., p. 659. 
38 Cong., 1 Sess., p. 6SQ. 
38 Coiijr., 1 Sess., p. 6o9. 

38 Coiifc., 2 Sess., Ucp. 7, p. 204. 

39 Coiig., 1 Sess., Kcp. 7, p. a:)7. 

39 Cong., 2 Sess., Rep. 5. p. 335. 

40 Cong., 3 Sess., Rep. 13, p. ;MS. 

41 Cong., 2 Sess., Rep. 9. p. S-Jl. 

42 Cong., 2 Sess., Rep. 21, p. 0.56. 
42 Cong., 2 Sess., Rep. 21, p. 6:)6. 

42 Cong., 2 Sess., Rep. 21, p. 6.R. 

43 Cong., 2 Sess., Rep. 26, p. fiSl. 
43 Cong., 2 Sess., Hep. 26, p. 081. 
43 Cong., 2 Sess., Rep. 26, p. 681. 

43 Cong., 2 Sess., Rep. 26, p. 681. 

44 Cong., 1 Sess., Rep. 28, p. 7(iC. 
44 Coi.i;., 2 Sess., Rep. 26, p. 639. 
46 (^)ng., 2 Sess., Kep. 30, p. 7.;9. 
46 Cong., 2 Sess., Rep. 30, p. 739. 

46 Cong., 2 Sess., Rep. 30, p. 739. 

47 Cong., 1 Sess., Rep. 30, p. 648. 
47 Ciiiig., 2 Sess.. Rep. 26, p. 600. 

47 Cung., 2 Sess., Kip. -Jll, p. 6;i9. 

48 Cong., 1 Sess., Kep. 26, p. 621. 

49 Cong., 1 Sess., Rep. 24, p. 622. 
49 Cong., 2 Sess., Kep. 24, \<. 6)1. 

49 Cong., 2 Sess., Rep. 24, p. 641. 

50 Cong., 1 Sess., Rep. 24, p. 653. 

51 Cong., 1 Sess., Rep. 24, p. 681. 
51 Cong., 1 Sess., Rep. 24, p. 681. 

$87,703, 226.44 

89. Geographical special reports. [C'f. §>; 1^*, 25rt, 2or/, 27a, 
27/, 3;V, 84, 10(5.] 

Oh.tect. This report is intended to bring about three results : in 
preparing it students will learn wluit are the authorities on the geog- 
raphy of the United States and how they aie to be used: practice 



1861. 


$ 369,470.00 


1862. 


704,942.25 


1863. 


867,329.00 


1864. 


1,053,294.50 


1865. 


677,781.75 


1866. 


1,524,402.25 


1867. 


1,569,034.19 


1868. 


1,723,268.02 


1869. 


2,141,358.14 


1870. 


1,907,317.88 


1S71. 


2,372,6il4.67 


bS72. 


2,684,226.66 




54,927.00 


1873. 


2,353,010.82 


1874. 


1,998,446.42 


1875. 


2,014,911.84 


1876. 


2,175,014.91 


1877. 


2,445,387.70 


1878. 


2,669,115.55 


1879. 


3,063,992.93 


1880. 


4,063,794.22 


1881. 


4,147,799.98 


1882. 


4,837,215.85 


1883. 


4.990.!l(i5.32 


1884. 


5,278,813.21 


1885. 


5,055,590.76 


1886. 


5,740,984.05 


1887. 


5,700,4;!3.89 


1888. 


6,322,242.96 


1889. 


7,27'.t,459.72 



88-89.] GEOGRAl'HICAL. IH:') 

will be given in map drawing and map coloring ; and the results will 
form a part of a series of maps which will be used to illustrate the 
lectures. 

Scope. Each topic calls for the solution of some problem in 
American historical geography which is to be submitted; (1) in a 
brief statement of results and of the authorities upon which they are 
based ; (2) in a small colored map ; (3) in a large map neatly colored, 
which can be shown before the class. 

Authorities. The principal authorities on the geography of the 
United States are the following ; all of them will be found in the 
alcove on American history, or among the atlases, or in the govern- 
ment documents in the Reading Room of the Library. 

Francis A. AValker, Sto/is'ical Atlas for 1870; Srrihner's Statisti- 
cal Atlas for ISXO; TJie Citizens' Atlas (selections from Scril)ner's 
Atlas) ; Townsend MacCoun, Historical Geography of the United 
States; Townsend ]\IaeCoun, Charts of (he United States (substan- 
tially the same maps on a larger scale for class use) ; N. S. Shaler, 
The United States ; Labberton, Historical Atlas (the American maps are 
substantially the same as tlu^se in MacCoun) ; Reports of the United 
States Census, especially volumes on Population frcjm the 'Jth Census 
(1.S70), 10th Census (1880), and 11th Census (18!)0). Many of the 
maps therein shown for 1870 and 1880 are reproduced in Walker's and 
Scribner's Atlases, Epoch Maps illnstrating American. History (a 
republication of the maps in the Epoch Series) ; jNIaps in Scribner, 
American History Series (three volumes pul)lished up to 1895) ; Elis6 
Reclus, North America; Friedrich Ratzel, Die Vereinigten Staaten. 

The library also contains all the sheets published of the great 
map of the United States and the atlases of Massachusetts, Rhode 
Island, Connecticut and New Jersey. Other maps may lie found in 
the connnon historical atlases (Colton, Mitchell, etc.) In the stan- 
dard histories there are almost no historical majis, and those in the 
school histories, such as Barnes, Johnston, ]\Iontgoinery, Scudder, 
Sheldon-F>arnes, Fiske, and Tlumias are hardly to be relied upon. 
Many valuable maps on sjjecial subjects are bound in the series of 
government documents. (See §§ 18, 19, 51, lOG.) 

Verification. In every case l)ase your result upon the authority 
which seems to have an official character. Do not take au}^ map as 
conclusive, but try to find from the printed authorities whether the 
basis of that map is accurate. 

Consultation. You are expected to consult freel}' with the 
assistant and to submit to him a rough sketch of your map before 
you draw the enlarged map. 



134 SPECIAL r.El'OUTS. [SECTS. 

Form. The maps are to be neat and to state clearlj'^ what they 
have to say, but great precision of drawing and accuracy of detail is 
not expected. They should be so clear that any intelligent person may 
understand them. The title of the map should be put upon the face 
near the top in plain k'ttering. The maps should not be confused by 
too much detail. 

Drawing. The work may be done in students' rooms, or in a 
room specially provided as a drawing room for the use of the course, 
in which tables, blank maps, stout manilla paper suitable for special 
maps and drawing instruments and materials will be found; the 
room will be open all day, and, when desired, in the evening. 

Coloring. Both large and small uia) s are to be finished in 
water colors, which give the best results in such rougli work. A 
little practice will ennble any one to distribute the tint evenly. Oils 
will spread a little wlien applied to the paper and colored crayons are 
almost sure to " crock." 

Please obsei've the following conventional tints. For maps of 
the geogra|)hy of America ; — Spanish ten-itory, yellow ; French, blue ; 
English, red ; Dutch, orange ; Swedish and Portuguese, green. For 
political maps ; — Federal party, blue ; Republican-Democratic party, 
red ; "Whigs, green ; Anti-Masonic, brown ; Liberal party, blue ; 
Peoples' Party or Labor Party, green ; Republican party, l)lue ; Dem- 
ocratic Party, red. Where there are splits and sub-divisions use 
shades of the general tints. 

For maps showing the distribution of votes use blue for the afhrm- 
ative, red for the negative, and yellow for those not voting. For 
the distribution of population use the following shades in order, the 
first representing the fewest people : yellow, green, blue, red, brown. 
In the special maps let the color of the paper represent land and lill 
in the water areas Avitli blue. Narrow red lines marking otT ilie 
internal boundaries between the blocks of color set off a mnp hand- 
somely. 

Distribution of votes. Presidential votes are veiy easily 
represented because the votes of the States are visually cast solidly. 
In cases whei'e the electoral vote of a State is divided, put a block of 
the color repi'esenting the minority vote in the interior of the State, 
making the size proportional to its relation to the total vote. In indi- 
cating the distribution of votes in Congress you are expected to find a 
test vote in which the yeas and nays were called. Unless otherwise 
indicated the decisive vote of the House of Representatives avIU be 
taken as the vote on the bill. In cases Avhere the "total vote" is 
called for, consider the Representatives and Senators as equally mem- 



89-90.] GEOGKAPHICAL. 135 

bers from the State which they represent, and divide tlie vote of the 
State accordingly. It is well also to put a figure in the middle of 
each State to show how many votes were cast. For such purposes" 
it is convenient to use the gummed figures which are furnished by the 
Dennison Manufacturing Company of Boston. 

Joint labor. Many of the geographical subjects may be 
assigned to two students working together ; in such a case they 
will be put on honor to divide the work fairly between them. In all 
cases the name of the person or persons who make the map is to be 
put upon the face of the map. 

§ 90. Geographical subjects. [See also § lOG.] The following 
groups will illustrate the sulijects which may best be treated. 

State boundaries. External boundaries of any one of the forty- 
four States of the Union ; of these the most important are : New 
Hampshire ; Massachusetts ; Connecticut ; New York ; Pennsylvania ; 
Maryland ; Virginia ; Georgia ; Texas. The easiest are the states 
admitted since 1850. 

North America. In 1550; 1600; 1650; 1700; 1715; 1740; 
1754; 1763; 1775; 1783; 1789; 1800; 1805; 1820; 1840; 1850; 
1865; 1895. 

The English Colonies. In 1585; 1606; 1630; 1640; 1670; 
1688; 1700; 1740; 1754; 1763; 1775; 17.S3. 

The United States, on March 4th of the following years : 1777 ; 
1784; 1789; 1801; 1804; 1811; 1817; 1819; 1821; 1831; 1841: 
1845; 1848; 1851; 1855; 1861; 1865; 1867; 1869; 1871; 1881; 
1895. 

Boundary controversies. St. Croix ; Maine Highlands ; Connec- 
ticut to St. Lawrence ; Great Likes ; Lake of the Woods ; Northern 
of Louisiana; Oregon; West Florida ; Texas; Gila River; Alaska. 

Special. The battle fields of Lexington ; Concord ; Bunker Hill ; 
Long Island ; Trenton ; Princeton ; Brandywine ; Saratoga ; York- 
town ; Lundy's Lane ; Plattsburg ; Bladensburg ; Ncav Orleans : 
Palo Alto ; Monterey ; Buena Vista ; Cerro Gordo ; Mexico ; Bull 
Run ; Malvern Hill ; Fort Donelson ; Pittsburg Landing ; Chancel- 
lorsville ; (Tett3'sburg ; Vicksburg ; Chickamauga ; Mission Ridge ; 
Antietam ; Cold Harbor ; Petersburg, 

Theatre of war. The Revolution : northern campaigns ; south- 
ern campaigns ; Yorktown campaign ; Canadian frontier. — War of 
1812 : Blockade of the coast. — Mexican War : Northern campaign; 
southern campaign; Kansas. (1854-1858). — Civil war : Potomac 
campaigns ; western campaigns ; Mississippi campaigns ; Sherman's 
March to the Sea. 



136 SPECIAL REPORTS. [SECTS. 

Special maps. Siege of Boston ; places in wliioh the Continental 
Congress sat ; proposed sites for the national capital ; Jefferson's 
plan for western states; the West Florida controversy; the Maine 
controversy ; the Oregon controversy ; the boundary between Hudson's 
Bay and the United States; FnMiiont's explorations; Lewis and 
Clark's explorations; the Caroline affaii-; John Brown's raid on 
Harper's Ferry; the San Juan contioversy ; capture of Fort Sumter, 
defences of Wasiiington ; fortifications on the Atlantic coast ; govern- 
ment forts and posts. 

Distribution of votes. On the tariff bills : 1789; 1816; 1820; 
1824; 182(;; 1.S2.S; 1832 ; 1833 ; 1842; 1846; 1857; 1861; 
1883; ]<S9(); l.S<)4. — On bills affecting slavery: 1784; 1787; 
1793; 1806; 1820; ]84o (admission of Texas) ; 1850; 1854; 1858; 
1.S62. On Constitutional amendments: the first ten; eleventh; 
twelfth; thirteenth; fourteentli ; fifteenth. — On admission of the 
States, especiall}' the following- : Ohio; Louisiana; Missouri; Florida; 
Texas ; California ; Kansas ; Nebraska ; Oregon ; Nevada ; Wyom- 
ing ; LUah. 

Presidentiai, ki.kctions. The distribution of electoral votes, at 
the choice by electors: 1793; 1797; 1801; 1805; 1809; 1813; 
1817; 1821; 1825; 1829; 1833; 1837; 1841; 1.S45: 1849; 1853; 
1857; 1«61 ; 1,S(;5; isC,'.); 1K73: I.S77; 1.S81 ; 1,S.S5 ; 1889; 1893. 
(See Scribner, Stdtislical Aflas and the Citizens' Atlas.) 

Elections ok the Pkksident in the House. F'irst vote in 1801 ; 
final vote in l.SO] ; vote in l'S25. 

§ 91. Special reports on slavery. [Cf. §§ 25b, 27b, 33j, 60, 84c.] 

Om.ikct. TIu' i>iirp()sc of this I'cport is to make the student ac- 
(jiiainted wilii slavery in actual pi'actice, as a social and economic 
institution ; and at the same time to make liiju familiar with the 
literature of the subject. 

Scope. Kncli student has assigned to him some phase or event in 
the history or woi'kings of slavery ; on this subject he is to write a 
condensed narrative, freely introducing quotations from books or 
other autiiorities. 

Methods. A careful use of classified library catalogues, of the 
indexes and tables of contents of books, and of the special chapters 
upon till' subject in the standard histories is essential. Students who 
have family or other connections in the South, or among old aboli- 
tionists, are also advised to write to people who are likely to have 
some personal knowledge of the subject which they are studying, and 
to ask for information at first hand. All material ought to be classi- 
fied and the results stated in a logical form. 



90-92.] SLAVERY. 137 

Authorities. Some biographical aid may be had from Justin 
Winsor, Narrative and Critical History of America^ VII, .322—824 ; 
and from the notes to H. Von Hoist, Constitntional Historif ; J. F. 
Rhodes, History of the United States; J. C. Hnrd, Law of Freedom 
and Bondage; Marion G. McDougall, Fugitive /Slaves; Mary G. 
Tremain, Slavery in the District of Columbia; Jeffrey H. Brackett, 
The Negro in Maryland; Mary E. Locke, Anti-Slavery before 1808 
(in preparation) ; W. E. B. DuBois, Negtdafion of the African Slave 
Trade (in preparation). 

The principal books describing slavery and the South in slavery 
times will be found in the College reserved libraries, with some dupli- 
cates in the Evans Library. The library of Radclifte College has an 
excellejit set of books of this kind^ The Boston Public Library is 
also rich in slavery and anti-slavery literature. 

For students who desire to go very deeply into the subject permis- 
sion may, in some cases, be had to use the rare slavery tracts pre- 
sented to the College Library by Thomas W. Higginson and by 
Cliarles Sumner. 

§92. Slavery subjects. [See Citide, §§ 14.S, 1.52, 161, 178, 
1.S7-1')1, 199, 204, 210.] 

Colonial slavery. Treatment of slaves in each of the thirteen 
colonies ; also in Jamaica, Nova Scotia, Quebec, New Sweden, and 
New Netherland ; slave codes in each of the English colonies ; fugi- 
tive slaves in each of the Englisli colonies ; white indentured servants 
in each of the English colonies ; slave insurrections in each of the 
English colojiies. 

Slave holders. Average luiinber of slaves to one owner ; in- 
stances of very large slave holders ; instances of slaves held by 
physicians, lawyers, ministers, and college professors ; instances 
of very small slave holdings. 

Negro chakactek. Different African races in America ; white 
persons held as slaves ; highly gifted slaves ; musical capacity ; let- 
ters written by slaves ; religious life ; slave preachers ; negro churches ; 
negro ministers ; favorable Northern opinions ; dullness ; dishonesty ; 
improvidence. 

Free negroes. Status in each of the slave-holding States ; special 
tribunals for offences by negroes in each of the slave-holding States; 
legal penalties for inhuman treatment of slaves ; status in each of 
the northern States; instances of voting; instances of slave-holding 
negroes ; laws relative to negro testimony. 

Offences against slavery. Unlawful trading Avith slaves ; 
teaching slaves how to read ; unlawful religious instruction of slaves ; 
slave stealing ; unlawful assemblaae. 



138 si'E("iAL KKPoirrs. [sect. 

CoNDiTiox OK SLAVES. Instaiices of kind treatment; slaves per- 
sonating Avhites ; clothing ; food ; annual cost of maintaining a slave ; 
attachment to whites ; marriage ; divorce ; biinging up of children ; 
recreations; diseases; old age ; mortality. 

Slaves at \v<)RK. Kinds of emplovmcnt; cotton plantations; 
tobacco plantations ; sugar plantations ; negro roustabouts ; slave 
fishermen ; skilled slaves ; slaves in factories ; overseers ; hours of 
labor; holidays; usual punishments; unusual punishments; fugi- 
tives ; hiring out. 

Manumission. Methods and practice in each of the slave-holding 
States ; refusal to accept freedom ; John Randolph's slaves. 

Sale. Slaves buying their own freedom ; slaves purchased to set 
free ; saU s of slaves ; advertisements ; private sales ; sales at 
auction ; separation of families ; usual maiket value ; very high 
prices ; sale for vice. 

Runaway slaves. Usual reasons; methods of escape; adver- 
tisements ; slave insurrections ; an account of one of the following 
insurrections: Northern Neck (1687), South Carolina (1740), New 
York slave plot (1741), Gabriel (l-SOO), Denmark Vesey (1820). 
Nat Turner (18:51), John Brown (1859) ; extracts from Southern 
writers on the danger of slave insurrections ; Dismal Swamp set- 
tlement. 

Slaveky defended. Example of Hebrew patriarchs ; New Testa- 
ment sanction ; ancient precedent ; the good of the Negro ; physical 
inferiority ; mental inferiority ; argument from TIayti ; good of the 
whites, necessary for Republican government, "a positive good;" 
defences by Northen writers ; disadvantages of slavery ; opinions of 
Northern travellers ; argument of natural right ; barlinrity ; effect on 
the character of the whites ; effect on the poor whites ; eifect on 
education. 

Economic conditions. Southern travel by land ; by steamboat : 
by stage ; southern railroads ; southern cities ; southern factories ; 
fisheries ; ship-building ; worked-out lands ; foreign immigration into 
the South ; average size of plantations ; phmtation buildings ; process 
of agriculture ; did the cotton crop pay ? Southern wealth. 

Interstate status. Extradition cases, (especially Williams. 
Schouler, lioston ; Isaac Gansey, AVilliam Largo) ; South Caro'inti 
seaman laws; Hoar's mission to Charleston; interstate slave trade 
by land ; interstate slave trade by sea ; State laws prohibiting iutei- 
state trade ; right of transit ; effect of residence in free States. 

Fugitive slave cases. (See Marion G. McDougall, FiHjilice 
Slaves, Appendix D.) Washington's slave; Prigg; Kennedy; 



92-94.] BIOGRAPHICAL. 139 

Ottoman ; Van Zanclt ; Drayton ; Douglas ; Walker ; Thompson ; 
Anderson ; Crafts ; Shadraeh ; Sims ; Burns ; Oberlin rescue. 

International status. Comet ease; Encomium case; Enter- 
prise case ; Hermosa case ; L'Amistad case ; Creole case ; question 
of returning fugitives ; ambassador's slaves. 

Slave trade. Report of 1790; acts of 1794-1«00; act of 180S ; 
act of 1819; Cruising Convention; final prohibition; methods of 
capture ; the middle passage ; average loss of life ; profits of the trade ; 
estimation of slave traders in the Soutli ; northern slave traders ; 
personal narratives of slaving voyages ; number of illegal importa- 
tions ; proposed revival in 1860. 

§ 93. Biographical special reports. [See § 77.] 

Object. In the bibliographical special reports students have 
ah'eady learned how to find material about a public man ; in this report 
it is intended to make use of the material. The important personal 
element in the history of the nation is thus noted and the student 
learns to connect events and principles with the life of particular 
statesmen. 

Scope. To each student will be assigned some public man, usually 
the same upon whom he has previously prepared a bibliographical 
report ; the connection of this man with some particular line of pub- 
lic policy is then to be studied. The report should therefore, set 
forth the stateman's views at successive intervals and should show 
whether there have been important changes of opinion ; quotations 
may well be introduced. The discussion of Webster's position on 
slavery as set forth in H. C. Lodge, Daniel Webster, is an illustration 
of what is expected. 

Authorities. Students will be expected to use the biographies of 
their subject (§ 78) and the collections of his speeches and corres- 
pondence ; and if necessary to go to the records of debates ' in 
Congress (§ 80) to find what speeches he has made upon the subject. 
If they still fail to find sufficient material, they may go to the corres- 
pondence and journals of other contemporary public men. 

Methods. Painstaking search and the use of all available in- 
dexes and tables of contents are the only methods that can be 
specified. 

Form. Arrange the work neatly, jnit in all necessary dates and 
give specific references to authorities. At the end there may be a 
brief summary and discussion. 

§ 94. Biographical subjects. The attitude of any of the 
statesmen mentioned below upon one of the following questions: 
the tariff; slaveiv ; national bnnks; internal improvements; appoint- 



140 S1'K('IAI, UKI'OIITS. [SECTS. 

meuts and removals; tlu' \mh\\r lands; specie currency: Indians; 
foreign policy ; the Navy. 

James G. Blaine; Hannibal Hanlin; T. B. Reed; John P. Hale; 
Franklin Pierce ; Charles Francis Adams, Sr, ; Fisher Ames ; Fdward 
Everett; Caleb Gushing ; R<)])ert C. Wiutlnop ; DeWitt Clinton; 
S. S. Cox; Roscoe Conklinu ; AVilliain L. Marcy ; Carl Schurz ; 
Martin \'an Bnicn ; James Buchanan; Simon Cameron; Sanmel J. 
Randall; Edwin M. Stanton; Thaddeus Stevens; David Wilmot ; 
James Madison ; James Monroe ; Henry A. Wise ; George McDuffie ; 
Alexander H. Stephens ; Robert Toombs ; Jefferson Davis ; Robert 
J. AValker; John C. Breckinridge; John G. Cai-lisle ; Andrew- 
Jackson; Andrew Johnson; Salmon P. Chase; James A. Garfield; 
Joshua R. Giddings ; John Sherman ; Benjamin F. AVade ; William 
H.Harrison; Lewis Cass ; Stephen A. Douglas ; Abraham Lincoln ; 
John A. Logan; Thomas H. Benton; Francis P. Blair; Grover 
Cleveland ; Benjamin Harrison. 

See also § 78 for additional names ; but it is hardly worth while to 
make a study of less prominent men upon only a part of their 
activity. 

§ 95. General directions for special reports in government. 
In tlie advanced course in government students are expected already 
to have acquired the methods of researcii, and ability to state results 
clearly. The reports are therefore intended to lead to an intimate 
knowledge of the sources and to give i)ractice in investigating the 
actual working of institutions. 

Assigx:mk.nt. Tiie whole set of eight reports will be assigned at 
the beginning of the year, and they will, in many cases, have a rela- 
tion with each (jther all the way through. The student's own prefer- 
ence will receive special attention. 

•Authorities. The reserved l)ooks on government are first to be 
exhausted. After that, students aie cxi)t'cte(l to draw from the Col- 
lege Library, and other available libraries, and to supplement their 
work, wherever it is necessary, by correspondence. 

AssiSTANOK. The instructor will himself take charge of the work, 
and will assign conference hours ; but it is expected that students will 
work for themselves, without much dependence on the instnictor. 

Methods. Each student is enjoined to use whatever method his 
own experience has made most valuabU- to him. In general the 
system of taking notes on single sheets, classified by subject, is most 
to be commended ; when the material have been gone over, the notes 
can easily be arranged in a logical order. Of course the references to 
authorities will be most careful and specific. 



94-96.] 



fiOVEKNMENT. 



141 



Form. The form of the report will naturally vary according to 
the subject. In § 96 is an example. It is always desirable to put 
the references in a cohunn parallel with the text, and to set off the 
dates in a separate column. 

Retukx of the report. In order to keep the work up, it is essen- 
tial that reports be handed in promptl}-, at the time indicated in § 75. 
In the case of mature graduate students, Avho wish to have control of 
their time so as to do their work in long stretches, arrangements may 
be made with the instructor. 

Disposition of the report. Unless otherwise arranged the in- 
structor will keep all reports handed in, to go on the files of the 
course. Students are therefore advised to preserve a copy for 
themselves. 



§ 96. Example of a report on government. 

Subject : Recall of iiills passed p.y one house and already sent 
TO the other. Prepared In F. W. Dallingek, ''93. 

Parliamentary Law. The National 
House of Representatives is governed, when 
not otherwise specified, by .Jeffm-son, Manual 
(if I'arliaiiicntanj Prac/iccA In this manual 
the nearest approach to this question is to be 
found in the following j^aragraph :'^ "0?2e 
House cannot send to the otlu r House an 
amendment of its own act, after it has i)assed 
the aet.''^ In sujjport of tliis statement he 
cites : 9 Gray, 353 ; 10 Gray, 240 ; 9 Gray, 
470. In another place he says that after a 
House lias passed an act, there can be no 
furtlier alteration in any point. •* I looked up 
the s;in)e subject in many other works on 
pai'lianientury law and practice, but failed 
to find the least reference to the question in 
hand.-^ 

1 then examined the Rules of the Senate 
and House of liepresentatires and the practice 
thei'ein as set forth in various manuals,^ but 
here again my search })roved fruitless. 

Finally as a last resort, I examined the 
House and Senate Journals, in order to find 
out what has been the custom and ^jrecedent 
in these bodies. Here I reached some defi- 
nite results. 



' House Journal, 49 
Cong., 2 Sess., Ap- 
penilix. Rule XLIV. 

^ Jefferson's Manual, in 
Works, IX. 



3 Ihid, p. I 



* Manual, p. 61 ; 9 Grei/, 
235 ; 1 Blackstone, 1S3. 



'• Article in Lalor, i.'ii- 
cyclopaedia ; L. S. 
Cashing, Law and 
Practice of Legisla- 
tive Assenii/lies, pp. 
864, 914, etc. 

6 Especiall}' Smith, 
Manual. 



142 



Sl'KCIAL IMOrOHTS. 



[.SECT.-. 



Practice. Oh Muivli 2. ISST. in the .Sen- 
ate, on motion of ]\Ir. Plum!), it was oriicrcd 
" that the Secretary request the Honsc of Jir- 
presentatiirs to return to the Soiatc the bill 
(II. R. 679), to extend," eti-." On the same 
day, Mr. Symp.son, one of the clerk-s of Ihe 
Senate, delivered the following- iiiessaiie 
from the Senate; to the House: "Mr. 
Speaker, — I am directed to re<iue.st the 
IIou.se of Representatives lo return to the 
.Senate tlie bill of the IIou.se (11. R. 079), to 
extend the laws of the I'nited States,"' etc.^ 
On March ?k (tlic next day) the Speaker. 
"under the rule, laid before the House a 
messa£:e from tlic Senate requestinj^ the re- 
turn of the l)ill of the House (II. H. G79), to 
extend the laws of the ['nited States, etc."** 
The Speaker : •• If I In n art no ohjidious, \\w 
request of the Senat«' will be granted, and thi.s 
bill will be returned."' There was no objec- 
tion and it was accordingly ordered, that th(; 
clerk return the said Ijill, in comi)liance with 
said recjuest.""'" 

T discovered (piite a numbtu- of other eases, 
both of l)ills of th(! Senate jxassed, and re- 
called from the House, and of l)ills of the 
House passed by that body, sent to the Sen- 
ate and recalled from the latter. J// of the; 
cases which I foinid orntrnd in the last few 
dni/s of the session. Among- the other cases 
of bills recalled, were(S. ;n04) l)ill of the Sen- 
ate for the construction of a bridge accross 
the Mississippi, etc." and l)ill of the House 
(H. R. 1064). 

Reasons kou uecall. In the case above, 
which I have given in full, the reason for re- 
call is ascertained by an examination of the 
Congressional Record :^^ "Mr. Plumb moved 
the adoption of the resolution, viz. That the 
secretaiy recpiest tlu; House of Rei)resenta- 
tives to return to the Senate the bill of the 
House (H. R. G79), etc. He said that it (the 
bill) had passed the Seriate some time ago, 
having: been amended here. If it is returned, 
I shall ask the Senate, on considerations 
which I shall present, to reconsider th<> vote 



Senate Joui-nul, 4'i 
Cong., 2 Sess., p. .V2.".. 



Iloii-ie Jnnrnul, 4!' 
C-oiifr., 2 Scss., p. 7.">:!. 



tloiisf ./iiin)i(il, 4'.i 
(-oiif;., -JScvv.. p.S-2.".. 



'" CongreKsional lirctiril, 
vol. 18, part III, p. 
2673. 



" House Journal, 40 
Cong., 2 Sess., pp. 800, 
80a. 



'^ Senate Jnurmtl, 4:i 
Cong., 2 Sess., p. .Viv, 
795, 802. 



96-97.] EXAMPLE OF GOVERNMENT. 143 



'- CongressionaiRecord, by which the bill wiis amended. "i'' ill .short, 
o . , part ., p. jj^ ^m j^j^g cases of recall, the reason simply 

2515. ' ^ •' 

is, that the House requesting the reedll has 

changed its mind, more or less completely, 
as the ease may be, in regard to the pro- 
visions of the bill whose recall is demanded. 
Conclusions. In conclusion it may be 
said, that while no decision has ever been 
given, so far as I can find out, on the consti- 
tutionality of the recalling of a bill by a 
House which has passed that bill and sent it 
to the other House ; and while nothing is said 
about such a proceeding either in manuals of 
Ijarliamentary procedure, or in the rules of 
the United States Senate or of the House of 
Representatives ; nevertheless, it is an unde- 
niaV)le fact that tlie thing has beoi done in 
actvdl practice repeatedly. In fact, it is a 
fixed custom, probably arising from mutual 
courtesy between the two Houses, for a House 
to whom a request is made by the other House 
to return a bill passed by the latter, to com- 
ply without debate with that request, prob- 
ably for the reason that the House making 
the request is alone concerned with the rea- 
sons for that request. Thus it has become 
an unwritten lair in the Congress of the 
United States, that a House can recall a bill 
passed and sent to the other House. 

§97. Special reports on political theory. [Cf. §§ 25a, 26a, 
27a, 84a.] 

Object. These reports are intended to lead students to the sources 
in the study of political doctrines, and to state the result, in analytical 
form. 

Scope. Each assignment will be a political principle upon which 
the opinions of a designated body of writers are to be gathered and 
clearly set forth, with suitable extracts and references. The student 
is expected to summarize, but not himself to theorize. 

AuTHOKiTiEs. Tlie general books enumerated in §§ 13, 33, and 
in the Gxide, § 32. vVlso the treatises on government in general, 
such as Lieljcr, Hcrmeneutics ; Montesquien, E.sjyr it des Lois; Austin, 
jKrisprudence ; etc. Students will be expected to exhaust the material 
on their subject in the College Library. 



144 si'Kci \i. i;i:i'<)i;rs. [sects. 

FoKM. Cure should Ix' t:ikiMi to refer not only to volumes and 
pages, but also to mciitioii fditions, in the ease of reprinted 
books. 

Sri'..JECTs. The followiuij; are a few topics which suggest the line 
of woi'k : 

1 . Doctrine of eciuality of nian in jioliticai writers of the Eighteenth 
(•enturv. 

2. Equality of man in State constitutions. 

.'5. Doctrine of the social convpact before the Revolution. 

4. European writers on the social compact since 1788. 

5. Divine right in English writers to 1775. 

6. Doctrine of checks and balances since 1775. 

7. Doctrine of sovereignty of the people before 1775. 
X. Doctrine of sovereignty of the people since 1775. 

§ 98. Special reports on constitution making. [Cf. §§ 26b, 27c, 
;-J3b, 84b.] 

Objkot. To bring out the actual woiking of the system of amend- 
ment prevailing in the United States, and to familiarize students with 
the records of constitutional conventions and the literature of the 
subject. 

ScopK. An examination into some special phase of constitutional 
amendment, state, or national. 

AuTHOitrriEs. Records of the Federal Convention ; proceedings of 
State conventions, usually published in extenso ; state statutes; con- 
temporary newspapers. Cieneral books are : Borgeaud, Constitutional 
Amendments; Jameson, The Constitutional Convention. 

Si'BjKCTS. 1. An account of the foimation of the first constitu- 
tion of one of the sixteen States admitted into the Union before 17'.»7 
(see Guide, ^ 143). 

2. An account of a State cf)nstitution sinci' 1850. 

3. Contemporary theories as to who ratified tlie Federal constitu- 
tion. 

4. An account of State ilraft constitulions which have failed of 
adoption on popular vote. 

5. History of one of the giouj)s of amendments to the Federal 
(•(mstitution (I-X, X!, XII, XIII, XIV, XV). 

f). Suffrage amendments to State constitutions. 

7. Account of amendments proposed to tlie Articles of Conf edem - 
tion. 

.S. Attempts to limit the scope of constitutional conventions. 

9. Workings of the system of amendment of Avhich two successive 
legislatures nmst submit the same amendment. 



97-99.] POLITICAL PRINCIPLES. 145 

10. Origin of the idea of conventions assembled solely to frame a 
constitution. 

11. Examples of constitutions set in force without the people's 
sanction. 

§ 99. Special reports on fundamental rights. [Cf. §§ 2.ob, 27b, 
33, 84:C.] 

Object. The purpose of this report is similar to that described 
in § 97. 

Scope. A study of opinions on, or the practice regarding, sonic 
personal rights. 

Authorities. (See § 33a.) The regular constitutional treaties 
(§ 13), especially in their discussions of the constitutional amendments ; 
Burgess, in Political Science Quarterly^ I, 109, V, 104 ; J. J. Lalor, 
Cyclopaedia ; James Bryce, American Commonivealih. Many special 
works. 

Subjects. 1. Instances of refusal to obey habeas corpus, 

2 . Practice of State courts with regard to habeas corpus on persons 
held under the authority of Federal courts. 

3. Practice of Federal courts with regard to habeas corpus on 
persons held under the authority of State courts. 

4. Practice as to the suspension of habeas corpus. 

5. State restriction on the holding of real estate by aliens. 

6. Practice as to holding aliens for militia duty. 

7. Cases of claims for protection in foreign counties by persons 
not citizens of the United States. 

8. System of " protections " given by the United States dii)lomatic 
and consular officials in semi-civilized countries. 

9. An account of usual naturalization proceedings. 

10. Conferring of citizenship by special legislative acts. 

11. Instances of permanent loss of civil rights as a punishment 
for crime. 

12. Account of imprisonment for debts due to the United States. 

13. Account of the old system of imprisonment for debt. 

14. Instances of persons now confined for debt. 

15. Instances of convicts treated as slaves since 1865. 

16. Usual laws punishing offences of the press. 

17. Instances of persons held by others in permanent illegal con- 
finement. 

19. Practice of the States with reference to forbidding the carry- 
ing of concealed weapons. 

19. State practice as to the waiving of jury trials. 

20. Suggestions that a decision of less than the whole of a jury 
ought to be accepted. 



14G Sl'ECIAL UEI'OKTS. [SEC^TS. 

§ loo. Special reports on political methods. [Cf. §§ 2ae. 27cl, 
33c, 84d.] 

Object. The puiposi- of this report is to familiarize students with 
the literature, wliieh deserihes and discusses the manner in which the 
orticers of governiiieut are chosen and the policy of administrators 
and legislators is determined. 

ScorK. Each report calls for a discussion of a characteristic poht- 
ical institution, usually such as are not created by law but have 
become the practice of otilcials or political organizations. 

Altiioiutiks. The general authorities upon these subjects may 
be found in § 12 aud § 3(5, especially in § 3(jc ; but much information 
is to be found in periodical literature, (see also § 36a) ; and much 
may be k'arned by personal consultation or correspondence with men 
actually engaged in politics. 

Form. Reports should be clear and well arranged; they may 
include copies of letters and of coustitutions, rules, accounts of polit- 
ical organizations, etc. 

Subjects. 1. Election riots in Colorado, or South Carolina. 

2. Gerrymanders in some particular State. 

3. Account of an election in New York, or Baltimore, or Phila- 
delphia. 

4. Political caucuses in New York, or Boston, or San Francisco. 

5. Early political conventions (1783-1800). 

6. The Congressional caucus (1789-1815). 

7. The suffrage in the English colonies. 

8. Enlargement of the suffrage in State constitutions (1 789-1829) . 

9. The organization of national political clubs. 

10. Instances of legislators who did not live in their districts. 

11. Property qualilications in one of the New England States. 

12. Educational qualifications. 

13. Comparison of votes cast with the population in one of the older 
cities ; or in any one State. 

14. Party strength in each successive Congress during a term of 
twenty years. 

15. A description of the political committees in some one State. 
IG. ^N'orkings of the registration system in some one State. 

17. Workings of the requirement of an absolute majority in Rhode 
Island. 

18. Comparison of the majoiities received by members of Congress 
at any election. 

19. Instances of bribery of legislators. 

20. Early instances of fi'aud in t>lections (17H1-1S29). 



100-102.] 8TATE AND LOCAL, 147 

§ loi. Special reports on State government. [Cf. §§ 25d, 27e, 
33d, 62, 84e.] 

Object. This set of reports is inteuded to he like the set on 
national government (§ 61) in general purpose and scope: the sub- 
jects involve questions of practice rather than questions of powers or 
of constitutional inter[)retation. 

Authorities. Some material may be found in § o(»d ; but on ques- 
tions of detail the students must use the constitutional treatises, 
especially those which, like Wharton and Bateman, include State law 
(see §§ 12, 48). The reports of State executive officers, and of 
investigating committees are often useful. The Secretary of State 
in each State is the usual medium of official information. 

1. Supervisory power of State officials over local officials. 

2. AVorkings of legislation without a veto in some one State. 

3. Massachusetts claims against the Federal government (1781- 
1861). 

4. Workings of minority representation in Illinois. 

5. State aids to education in some one State. 

6. Increase in length of State constitutions (1775-1893). 

7. State constitutions rejected by populai- vote. 

8. The size of State legislatures. 

9. Prohibitions against private legislation. 

10. Limitations on the length of sessions of legislatures. 

11. Instances of State governors who have served more than 
three terms. 

12. Instances of judges failing of re-election on account of a judi- 
cial decision. 

13. Number of statutes passed by all the States and territories in 
the Union for a period of five years. 

14. Status of the " Secretary of State" in the States. 

15. Instances of rival State governments. 

§ 102. special reports on local government. [Cf. §§ 25e, 27f, 
33d, 84e.] 

Object. These reports correspond very closely to those on State 
government (§ 64) and national government (§§ 60, 61). 

Ai'TiiORiTiEs. The material is less abundant and less digested, 
than on previously described subjects. Besides the references in 
§ 101, aid may often be had from the treatises on municipal govern- 
ment, as Sidney Dillon, Municipal Corporations; and from the 
reports of city officials and departments. Local histories are enum- 
eratered in the Guide, § 23. 



148 SPECIAL UEl'ORTS. [SECTS. 

Subjects. 1 . Humors of the colonial town meeting. 

2. An account of the colonial town meeting in some particular 
New England town. 

3. An account of a town meeting in some large New England town 
in the ten years previous to its becoming a city. 

4. Description of an actual town meeting in some present New 
England town. 

5. Town meeting in some particular Western State. 

6. Present county government in some particular Southern or 
Western State. 

7. Supervision of township government b}' county ollicials in some 
Western State. 

8. Local management of the poor in some particidar State of the 
Union. 

9. Number of counties in the States compared. 

10. Working of the second chanil)er system in city government. 

11. Does the United States government in any way recognize the 
legal existence of cities ? 

12. The defects of the city goverinneut in some existing city. 

13. The Gas Coinmissiou in some city. 

14. The Water C'onnnissiou in some city. 

15. The Fire Conuiiission in some city. 

16. Tlie Park Connnission in some city. 

17. Eates of local taxation compared. 

18. Construction of City Halls. 

19. Usual salaries of municipal executive otlicers. 

20. System of [)aving and repaii's of paveiiiciil in large cities. 
§103. Special reports on the national legislature. [Cf. §r? 2.")f, 

27g, :5;'>f. .s4f.] 

Scoi'K. Tliese ari' in((uiries into the practical workings of Con- 
gress and the Iavo houses ; and the relations betwe«'n Congress and 
the executive. 

Authorities. (See >j :!.)7.) The records of Congress (Guide, 
§ 29) ; reminiscences of members of Congress (Guide, § o^c) ; con- 
temporary ueAvspapers, especially since l<S(ir> ; the Nation ; the regular 
Washington correspondents of the great dailies often relate interesting 
matters. Senators and Representatives will usually answer letters 
of inquiry from constituents on such questions. Special works about 
Congress and its procedure, especially the Manuals of the House 
and Senate ; McKee, Red Book ; Woodrow Wilson, Coiit/reNsioutd 
Government; Mary P. Follett, The Speaker; E. C. Mason, Veto 
Power, etc. 



102-104.] NATIONAL (iONEHNMENT. I4il 

Subjects. 1. Instances of open hearings held by Committees of 
Congi'ess. 

2. Number of bills introduced, reported, discussed, passed one 
House, passed the second House, enrolled, sent to the President, 
signed, vetoed, became law b}' ten days' rule, and pocketed, in any 
one Congress since 1829. 

3. Correspondence between Committees of Congress and heads of 
executive departments . 

4. Instances of the President affecting legislation by patronage. 

5. Instances of errors in the engrossment of bills. 

6. An account of a contested election controversy. 

7. Working of the conference committees. 

8. Instances of disorder in Congress. 

9. Instances of long-continued filibustering in Congress. 

10. Average length of service of members of Congress. 

11 . Foi-eign criticisms of the " Congressional system." 

12. Influences which determine the appointment of members to 
committees by the Speaker. 

13. Instances of appointments of Senators to executive offices. 

14. An account of the assignment of seats in the House. 
If). '' Senatorial courtesy." 

§ 104. Special reports on the national executive. [Cf. §§ 25f, 
27h, 33g, 84g.] 

Scope. The practice of the President, of heads of departments 
and subordinates, especiall}' in cases not distinctly covered by the 
Constitution or statutes. 

Authorities. Constitutional treaties (to some degree) ; debates 
on bills affecting the executive ; congressional documents, especially 
the reports of the departments ; Report of the Senate Committee in 
1888 on the executive departments (^Senate Reports, 50 Cony., 
1 Sess., No. 507) ; Report of the House " Dockeiy" Committee of 
1893; E. C. Mason, Veto Power; Lucy Salmon, Aiypointing Power; 
literature of civil service reform (§ 16); lives of Presidents and 
Cabinet ofticers ; F. J. Goodnow, Comparative Administrative Law; 
contemporary newspapers . 

SuB.iKCTS. 1, Enumeration of officers having a four years tenure, 
1821-18(51 or 1801-1893. 

2. Instances of Vice-Presidents in confidential relations with 
Presidents. 

3. How far are soldiers and ex-soldiers pief erred for government 
appointments ? 

4. Later public ser^^ce by ex- presidents and vice-presidents. 



150 SPECIAL KKl'OUTS, [SECTS. 

5. Instances of forced resignations of Cabinet ollicers, 
G. important nominations which failed of confirmation by the 
Senate. 

7. Instances of officers appointed without their office having been 
acknowledged by Congress. 

8. Instances of dismissal of important officials for cause. 

9. A description of the conduct of government business in a 
bureau at Washington. 

10. An account of the President's Private Secretary. 

§ 105. Special reports on the national judiciary. [Cf. §§ 2r)f, 
271, 3:Ui, .S41.] 

Scope. Questions relating to tlie status of judges and other judi- 
cial officers, to the transaction of judicial business and to tlie character 
of the cases. In many instances a tabulation of results should 
appear as a part of the report. 

Authorities. To some degree the constitutional treatises and 
descriptive works (§ 13) ; Congressional documents (Guide, § 211) ; 
special books on legal procedure and on the courts, see Soule, 
Latvi/er's Reference Manual ; accounts of the courts, especially Car- 
son, Su]>reme Court; biographies of judges (Guide, § '2i')); debates 
on bills affecting the judiciary; periodicals (see Jones, Index to 
Legal Periodicals) ; The Nation . 

Subjects. 1. Usual length of service of the United States 
judges. 

2. Instances of laws of a particular State held void by the United 
States Supreme Court. 

3. Comparative table of the United States judicial salaries. 

4. Instances of decisions of the United States Supreme Court re- 
versed by itself. 

5. Instances of long protracted suits. 

6. Instances of suits by a foreign State before the Supreme 
Court. 

7. Annual number of decisions by the Supreme Court. 

8. Important decisions of the new Circuit Court of Appeals. 

9. Instances of resignations of Supreme Court judges. 

10. Obiter dicta by United States judges. 

11. Clerk's records of a United States Court. 

12. Practice of United States Courts as to postponing cases. 

13. Foreign commendations of the Supreme Court. 

14. Workings of the retirement system for the United States 
judges. 

15. Instances of mandamus on national officials by national Courts. 



104-107. J TERRITORIAL FUXCTIONS. 151 

§ io6. Special reports on territorial functions. [C'f. §§25o;, 
27j, 33i, 51, 68, 64, .S4i.] 

Scope. Inquiries into the practice of various autliorities, national, 
State, and local, with reference to boundaries, jurisdiction, lands, 
etc. The question to be decided is usually, not what may legally 
be done, but what is actually done. 

Authorities. (See § 33.) Treatises and descriptive works on 
the Constitution, and treatises on international law (sections on terri- 
torial powers) ; national and State statutes ; national. State, and local 
reports (Guide, §§29, 30) ; travels (Guide, § 24) ; periodicals (Guide, 
§§ 26, 27) ; monographs (Bowker and lies. Reader''.^ Guide, p. 24). 

Subjects. 1. Territorial government of the Northwest Territory 
up to 1802. 

2. Admissions by the United States that foreign powers had 
jurisdiction over American merchantmen in their ports. 

3. May the United States under any circumstances take State 
property for public use ? 

4. Workings of the present local government in the District of 
Columbia. 

5. Instances of jurisdiction claimed by the United States in 
enclosed bays. 

6. Charitable institutions supported by the United States. 

7. Coaling stations of the United States. 

8. Some account of the State capitol buildings. 

9. Governors of the territories. 

10. The selection of the site for the national capital. 

11. AVorkings of the Indian allotment system. 

12. AVorkings of the desert land system. 

13. AA^orkings of the land pre-emption system. 

14. State parks and forests. 

15. The water boundary of the United States. 

§ 107. Special reports on financial functions. [Cf. §§ 25i, 27k, 
33k, 48, 59, 84j.] 

Scope. To learn something of the results of the financial i)olicy of 
the nation. States, and locahties. In many instances tabulations will 
be necessary. 

Authorities. Special financial histories (Gidde, § 22) ; constitu- 
tional treatises and descriptive works (§ 13) ; reports of financial 
officers (Guide, §§ 29, 30), especially those of the Secretary of the 
Treasury and his subordinates ; general histories, in their treatment of 
financial discussions (Guide, § 20) ; statistical authorities, enumerated 
in §§ 86, 87 ; debates on financial questions ; periodicals (Guide, §§26, 



152 SPECIAL REPORTS. [SECTS. 

37), especially the i\ra^JO?t," BradstreeV s : The Economist ; Quarterly 
Jonrnal of Economics ; Political ,Science Quarterlii; xbinals of the 
American Acadeini/ of ^Social u)td Political Science : Chicai/o .foamed 
of Economics ; financial discourses in the great dailies; monooraph 
literature (see Bowker and lies, Reader's Guide^ pp. (ifi-72) ; Ring- 
wait and Jirookings, Debate Briefs, contains good l)il)liography. 

Srn.iECTs. 1. Cost of the ten largest United States post-office 
buildings. 

2. Law and practice of minimum duties (1789-1893). 

3. Instances of very small annual receipts from custom houses. 

4. Detective service of the Treasury department. 

5. Law and practice of ascertaining the cost of goods entered for 
duty. 

6. Instances of State taxatioji laws held void by the Supreme 
Court. 

7. Administration of the life saving service. 

8. Method of accounting for military stores. 

9. Instances of bril)ery of custom house officials. 

10. Instances of large profits to informers of custom house irregu- 
larities. 

11. Disposition of unchiimed goods at the custom liouse. 

12. Fractional cturency not presented for redemption. 

13. An account of the *' trade dollar." 

14. Amount of notes of national banks now out of Itusiness not 
presented for redemption. 

15. Probable amount of legal-tender notes nccideutnlly destroyed 
in the hands of the holders. 

16. Approximate value of tiie i-eal estate occupied by the United 
States for public business. 

17. Application of the oleo-margarine laws. 

18. Power of the auditors of the treasury over payment of money. 

19. An account of the income tax laid in 1895. 

20. Financial control of State institutions. 

§ io8. Special reports on commercial functions. [Cf. §§ 25i, 
271, 331, 52, 84k.] 

Scope. Similar to tliat of tlie linancial reports (§ 107). 

AuTiiouiTiEs. About the same as in financial questions (§ 107). 
Bowker and lies. Reader's Guide, pp. 40-05, 83, 112, has an elaborate 
classified literature. Ringwalt and Brookings, Debate Briefs, con- 
tains digested references on such questions. On questions of foreign 
commerce, see treatises on international law, monographs on foreign 
trade ; Consular Reports. 



107-]0!>.] FINANCIAL, COMMERCIAL. FOREIGN. 153 

Subjects. 1. Amount of subsidies paid to steamer lines. 

2. An account of money subsidies to railroads. 

3. Account of immigrants excluded. 

4. Instances of abandoned canals. 

.5. Congi-essional charters for incorporations. 

6. State regulation of insurance companies. 

7. Administration of light-liouses. 

8. State pilotage systems. 

9. History of the franking jirivilege. 

10. State regulation of lotteries. 

11. National regulation of lotteries. 

12. Attempts of States to tax inter-state commerce. 

13. Instances of worthless river and harbor improvements. 

14. Regulation of sleeping cars. 

15. Account of bounties paid by the United States to pro- 
ducers. 

§ 109. Special reports on foreign relations. [Cf. §§ 25 j, 27m, 
33m, 55, 841.] 

Scope. The practical workings of negotiations and treaty-making ; 
the protection of oonnnerce, and of citizens abroad ; and like 
questions. 

Authorities. Treatises on the Constitution and on international 
law; Congressional dootuncnts, especially i^or'^/</>( Relations; Trea- 
ties and Conventions; Senate Executive Journals; Contemporary 
newspaper discussions; Wharton, Digest of the International Law 
of the United States; monographs on diplomatic questions. The 
periodicals (Guide, §§ 2(5, 27), especially Niles's Register, Nation, 
Political Science Quarterly ; (V)ibliography in Guide, § 26.) 

Subjects. 1. Instances where the opinion of the Senate was asked 
before negotiations began. 

2. Instances of unfit foreign ministers abroad. 

3. Instances of unfit ministers of other countries in the United 
States. 

4. Instances of unfit consuls. 

5. An account of the consular reports. 

6. Instances of mediation by the United States. 

7. Cases of contested capture of merchantmen by United States 
cruisers (1861-1805). 

8. Instances of the withdrawal of American ministers by theii' 
home government. 

9. Instances of American neutrality. 

10. Status of the United States as regards privateering. 



154 SPECIAL liEl'OKTS. [SECTS. 

§ 1 10. Special reports on war powers. Cf. §§ 25 j, 27ii, 33m, 
68, 84in.] 

Sooi'E. Similar to the other groups ; the actual experience of 
Army and Navy life and administration. 

AiTiioKiTiES. Treatises on the Constitution, and on international 
law : military and naval histories (Guide, § 22) ; reports of tlie War 
and Navy departments; general histories (Guide, § 20), on the wars 
of the United States; maps may be found through § 19 and Guide, 
§ 21. See Bowker and lies. Reader's Guide, p. 113. 

SiH.iECTs. 1. Instances of the appointment of army officers to 
civil oflice. 

2. Instances of remarkably high pensions. 

3. Instances of pensions granted but refused Iw the grantee. 

4. Cost of educating a West Point cadet. 

5. Pay and allowance of Navy officers. 

6. Detail of Army officers to be instructors in college. 

7. Assignments of Naval officers by political favor. 

8. Desertions from tlie army or navy. 

8. Retiring s^^stem for the Army and Navy officers. 

10. The Naval Militia. 

1 1 . Training ships for the Navy. 

12. Life on a frontier army post. 

13. Distinguished Army officers in civil life. 

14. Character of the crews in the Navy. 
IT). The War College at Newport. 

§ III. Special reports on general welfare. [Cf. §§ 25k, 27o, 
33n, 58, 84n.] 

Scope. These reports apply principally to functions of the States 
and localities, including education, religion, health and the police 
power in general. 

Authorities. Constitutional treatises ; special works on the police 
power, as T. M. Cooley, Constitutional Limitations; Tiedeman, 
The Police Povcer ; rei^orts of the United States Bureau of lOducation, 
reports of the States and localities on all matters included within the 
subject; articles in the Politiccd Science Quarterly; ^bin<ds of the 
American Academy of Political and Social Science; treatises and 
monographs on sociology. 

Subjects. 1 . State legislation requiring the teaching of tem- 
perance. 

2. Legislation of Congress against the Mormon church. 

3. Instances of State supported churches since 1820. 

4. Statistical comparison of the Catholic and Methodist churches. 



110-111.] WAR, GENERAL WELFARE. 155 

5. Instances of troops sent on the call of a State to preserve 
order. 

6. Annual number of A.B. degrees in the United States. 

7. Annual number of S.B. degrees in the United States. 

8. State supervision of teachers' preparation. 

9. Instances of Congressional grants for charity. 

10. Prison population of the Union. 

11. Education at West Point. 

12. Workings of the seed-distribution system. 

13. A\'orkings of high license. 

14. Inspection of cattle for tuberculosis. 

15. Legislation on street noises. 



VII. 

EXAMINATIONS. 

§ 112. Purposes of examinations. In courses in which tliere is 
much written work, exaniiuiitions are not necessary to test the 
faithfulness of students so niucli as to find out how far they are able 
to apply what they have learned, without referring again to books. 
The examinations also test the ability of the student to select the 
most important things in the lectures and in his reading, and to 
remember them when called upon. 

There will be no hour examinations in any of the courses except 
as a test for students who have neglected the weekly papers or 
other written work. (§ 41.) 

Where there are both mid-year and final examinations, each will 
cover only the ground of the half-year's work, except in so far as 
questions arise in the second half-3'ear which requu'e reference to the 
work of the first half-year. There will be geographical questions in 
all papers, both narrative and descriptive. (§ 18.) 

Special notice will be taken of ability in examination books to 
show the relation and comieetion between facts which have not been 
linked together in the courses. Perhaps the best method to prepare 
for an examination, after due reading, is to discuss the principal 
questions of the course with fellow-students. 

A set of specimen papers follows in §§ 114-119. 

§ 113. Suggestions for examinations. For the examination 
room the following suggestions may be I'ound useful : 

1. Come into the examination fresh and able to think clearly. 

2. Read the 2ici2yer through before begiiming to write and decide 
which of the alternative questions you will choose, if such are offered. 

8. If you are doubtful of the meaning of a question, apply to the 
instructor or proctor. 

4. Write legibly ; ink is much preferred. 

5. Write in a straightforward narratiyc style : make your meaning 
clear. 

6. Arra)i</e and parayraph your work neatly and systematically. 

7. Indicate subdivisions of logical argument in such a way as 
readily to catch the eye. 

156 



112-11.3.] SUGGESTIONS. ]')7 

8. Full answers to a part of the questions may be better than 
insufficient answers to the whole. 

9. Less stress will be laid on dates and details than on an ability 
to distinguish the significant points in the work gone over, and to 
understand their relations ; a good general comprehension can, how- 
ever, be based only an a previous study of details. 

10. Have an opinion of 3'our own, and express it. If it differs 
materially from the views taken in the lectures, 1)6 able to state the 
grounds for dissent, but stand to it. 

1 1 . After working an hour, rest four or five minutes ; and do the 
same at the end of the second hour. 

12. Just before the examination-books are called in, take time to 
revise and correct what you have written, even though you have not 
finished the paper. 

§ 114. Specimen hour paper in history. 

Make your answers brief and clear. 

1. Briefly describe the Colonial legislatures. 

2. Mention the chief events in the constitutional history of 
Massachusetts, from 1773 to 1788. 

3. What arguments can you suggest for the sovereignty of the 
States, from 1774 to 1788? 

4. Mention the principal defects of the Articles of Confederation. 

5. Give a brief account of the Mississippi question. 

§ 115. Specimen mid-year paper in history. 

Read the paper through before beginning to write ; and observe carefully the 
following directions. 

[Take all the questions in Group A ; take four questions in Group B ; havin,<r 
answered nine questions, you are encouraged to try some of the optionals in 
Group C. Fold maps, and put your name upon the face of each. Arrange your 
answers strictly in the order of the qiiestions, and number them plainly with 
Arabic numerals.] 

Group A. [To test the knowledge of principles.] 
All rkqlikei.. 

1. State the opinion of Jefferson held by two different writers 
whose books you have used. To which of these opinions do you 
incline, and why ? 

2. On the outline map show the exterior boundaries of the United 
States, the internal divisions, and the status of each part of the Union 
as regards slavery, at the beginning of John Quincy Adams's admin- 



1")S KXA.MINATIONS. [SECTS. 

istration. Notice any territorial controversies then peudiug or likely 
to arise. \_Necessary exj^koiutiona may be made in the hlue-book.'j 

3. Compare [by comj^arison is meant a di.sni.ssion of (he points 
common or dissimilar, and not simply an account of one folloiced by 
(in account of the olher'\ the condition of the Union in 1786 with the 
condition of the Union in is 14. 

4. In 1H32 Henry Clay introdnced a bill to divide among the 
States the surplus arising from the sales of public land. State all the 
constitutional arguments which occur to you for and against the pi'O- 
])osition, and quote the clauses of the Constitution which might be 
ai)|)(!tded to by either side. 

5. Account of the electicm of l.S24-2o. 

Group B. [To test knowledge ok events.] Choose four. 

6. Brielly sketch the history of the Northwest Territory from 
1776 to 1.S26. Illustrate on the outline map. 

7. The relations of the Confederation witli the States. 

8. A discussion of the charges made against Hamilton by the 
Republicans. 

9. [Ansicer very briefly; please arrange your ansicers in 2^ct7'a- 
graphs, one for each toj>ic.^ Explain five of the six terms following : — 

(a) Continental Congress. 

(b) Yazoo claims. 

(c) Little Belt. 

(d) Cohens vs. Virginia. 

(e) Rule of 1756. 

(/) Arbuthnot and Ambrister. 

10. The repeal of the P^mbargo Act. 

U. The tariff of 1816. 

12,13, 14, 15. This counts as four qitestions. Intended for students 
vho feel very sure of their ground.^ 

Write an essay in compact and logical form upon the following 
subject : The effect of the foreign relations of the United States upon 
the internal structm-e and policy of the government from 1776 to 
1.S26. 

Group C. Optional. 

[Not to be substitided for any 2}^'(^vious questions. Intended for 
.students who have satisfactorily answered nine questions.'] 

16. The West Florida question (illustrate on the outline map or 
by a sketch map). 

17. The character of John Randolph. 

18. Was the Union in danger in 1.S2()? 



llo-lKi.] MID-YEAR PAPERS. 159 

§ ii6. Specimen mid-year paper in government. 

Read the paper through before beginning to write, and observe carefully the 
following directions. 

[Take all the questions in (iroup A ; take four questions in Group B ; having 
answered nine questions, you are encouraged to try some of tlie optionals in Group 
C Arrange your answers in the order of the questions. Number the answers 
plainly Avith Arabic numerals. Students way use the text of the Constitution and 
ihe outline map of the Uniteil States.'] 

Group A. [To test the knowledge of principees.] 
All required. 

1. Criticise James Bryce's treatment of American government, 
showing any reason for approving liis book, and pointing out aii}' 
defects in it. 

2, 3. What would be the probalile effects on American govern- 
ment of introducing the following reforms into the electoral system ? 

(a) Prohibiting the holding of local, State, or national elections 
on the same days. 

(b) Allowing only native-born Americans to vote. 

(c) Disqualifying persons who have not voted in any of the two 
previous elections (with reasonable exceptions for illness, necessary 
absence, ete.) 

(d) Compelling each district to choose as its representatives to 
local assemblies. State legislatures, and Congress, persons not resi- 
dents of the district. 

(e) Passing the Lodge Federal Election Bill. 

4 . Would it be an improvement to permit the passage of measures 
over the vetoes of governors and presidents, by a simple majority 
vote of both houses ? 

5. Can you suggest any means of applying the general principles 
of the Civil Service Reform Act to postmasters of the better paid 
grades ? 

Group B. [To test independent readini;.] Choose four. 

6. Usual method of nominating candidates in the United States. 

7. The present condition of town government in New England. 

8. Possible improvements in city government. 

9. Filibustering in Congress, and possible remedies for it. 

10. The character of Senators. Would it be improved by electing 
Senators by popular vote ? 

11. The internal organization of the executive departments at 
Washing-ton. 



1()0 K.\ A.MINA'l'lONS. [SECTS. 



(iuol 1- ('. ( )|'II<)NAI.. 

[_Not to be snhfifitiited for (my previous ques/ioitSc Intended for 
sttifJeiits who hare mtisfactorlhi answered nine (/nesfi'ons.l 

12. Tlie Colonial sz;ov('ni()r. 

18. An account of the present iioveinnient <>f some large city in 
the United States. 

14. The place, duties, and dionity <>f tlie SecictMiy of State. 

§ 117. Specimen final paper in briefer historical courses. 

Students are expected to use the text of the Constitution and the Outline Maps. 
The examinations are limited to two hours. 

1. How would you set about to prcjjaie an elaborate thesis on 
the following; subject : The jjolitical influence of the chairmen of com- 
mittees in Congress? What Ixjoks would you consult? Upon which 
of them would you most rely? What would be your methods of 
putting your materials together and olitaining a result? 

2. On the outline map of the United States point out scmie of the 
principal controversies which have arisen as to internal boundaries, 
and briefl}' describe those controveisies. 

3. In what respects are the present governments of the States 
superior to the old colonial governments? 

4. What improvements can you suggest in the prcvsent methods of 
appointment and removal of governuient olHcers? 

5. Mention the three treaties formed ])y the United States which 
seem to you most important, and give the reasons foi" your <'hoice? 

6. Take one only : 

(a) How far was Jackson's war upon the bank a public benefit? 
(p) Which of the great tariffs seems to you to have been the most 
meritorious ? 

7. Choose some important event or episode in the anti-slavery 
struggle and briefly describe it. 

§. 118. Specimen final paper in history. 

Read the paper through before beginning to write ; and observe carefully the 
following directions. 

[Take all the questions in Cirou]) A ; take four questions in (iroujt 1$: liaving 
answered nine questions, you are eneourajjed to try some of the o))tionals in 
(iroujt C. Fold inajts and put your name upon the faee of each. Arranjje your 
answers strictly in the order of the questions, and numher them plainly with 
Arabic numerals. Students may i(se the teri of the Constitiitioii and the outline 
map of the United States."] 



116-118.] FINAL PAPERS. 1(U 

Group A. [To test the knowledge op principles.] 

ALL REQUIRED. 

1 . To what authorities would you go to find material for a special 
report on the following subject ? The effect of slavery on the methods 
of agriculture. 

2, 3. [This counts as two questions. The outline map may be 
used, if desired. Do not spend disproportionate time on the question.'] 

Consider carefully the following hypothetical statement : — 
Wiswell Redd of Philadelphia owned a slave woman, Sally, to 
whom was born a son, Quick, in 1783. Three years later Redd took 
them both to what is now Cincinnati, and held them as slaves. In 
1791 Redd took them with him to Natchez (East bank of the Mississ- 
ippi river, not far above New Orleans) ; in 1802 he took them to what 
is now Des Moines, Iowa; in 1822 Redd started to take Quick to 
Texas, but their packet was captured by pirates, one hundred miles 
off shore, in the Gulf of Mexico. Redd was killed and Quick was 
taken to Galveston by the pirates and sold to one Gomez. In 1837 
Gomez took him to San Francisco, still holding him as a slave. 
Quick ran away in 1850 and shipped as a sailor to Charleston ; he was 
here arrested by the State, under a seaman law, and sold to Harris, a 
slave trader, who started to take him to St. Louis. On his way they 
touched at Cincinnati, where Quick claimed that he could not be held 
as a slave and was set free by the courts. He went to St. Louis and 
was there recognized by Arthur Redd, a son of Wiswell, in 1852 ; 
Redd claimed him as a fugitive, but the commissioner declined to 
hold him. Redd then had Quick arrested as a vagrant ; he was sold 
for his jail fees, and Redd bought him in. Redd took him to the 
country west of Missouri the same year (1852), thence in 1857 to St. 
Paul (eastern bank of the Mississipi). When the war broke out 
Redd enlisted in a Tennessee regiment and took Quick with him, 
but Quick in 1862 ran away and enlisted in the Federal army. In 
1866 a national law was passed giving to all persons who had been 
illegally held as slaves a right to recover one hundred dollars for each 
year of such detention from any person who had so detained them, 
or from the heirs of such persons. 

Could Quick claim anything from Redd, Gomez or Harris? If so, 
how much in each case? Discuss the principles du-ectly involved. 

4. Would it be constitutional for Congress to regulate the express 
business of the country in any one of the following ways ? 

(a) By enacting that no package of less than four pounds weight 
should be carried, except by the post office? 



162 EXAMINATIONS. [SECTS. 

(b) By creating a National Express Company with a monopol}' of 
the business. 

((') By enactin<>- that within each State express business should 
be regulated by an express board, consisting of the governor and 
State treasurer? 

((?) By taxing the business of every express company 25 per cent, 
of its gross receipts ? 

(e) By fixing niaximuin rates which should not be exceeded by 
any company ? 

Discuss each of these plans liriefly, quoting such clauses of the 
Constitution as seem to you to apply, and explaining their application. 
In all cases suggest any historical parallels that occur to you. 

5. What three speeches or public addresses delivered between 
1829 and 1861 would you like best to have heard? How is each 
connected with the politics of the time ? 

Group B. [To test knowledge of events.] Choose four. 

6. Show on the outline map the territorial changes brought about 
by the Compromise of 1850. 

7. Very bricHy sketch the political career of one of the two fol- 
lowing statesmen : 

(a) jNIartiu Van Buren. 
(h) Stephen A. Douglas. 

8. Jackson's relations with the members of his cabinet. 

9. A defense of the Lecompton Constitution. 

10. The formation of the government of the Southern Confederacy. 

11. The breach between Andrew Johnson and Congress. 

12. 13, 14, 15. \_This counts as four questions. Intended for stu- 
dents tvho feel very sure of their grourid.'] 

Show how far the history of the United States from 1829 to 1861 
confirms or controverts the following extracts from the speech of 
Jefferson Davis on his retirement from the Senate, Jan. 21, 1861. 
Illustrate freely from political events : 

" I hope none who hear me Avill confound this expression of mine 
with the advocacy of the right of a State to remain in the Union, and 
to disregard its constitutional obligations by the nullification of the 
law. . , . Nullification and secession, so often confused, are two 
antagonistic principles. 

"The phrase, 'to execute the law,' was an expression which 
General Jackson applied to the case of a State refusing to obey the 
laws while j'Ct a member of the Union. That is not the case which 
is now presented. . . . You may make war on a foreign State. If it 



118-119.] FINAL PAPERS. 163 

be the purpose of gentlemen they may make wax- against a State 
which has withdrawn from the Union, but thare are no laws of the 
United States to be executed within the limits of a seceded State. 

' ' It has been a conviction of pressing necessity ; it has been a 
belief that we are to be deprived in the Union of the rights which 
our fathers bequeathed to us, which has brought Mississippi into her 
present decision. She has heard proclaimed the theory that all men 
are created free and equal, and this made the basis of an attack upon 
her social institutions. 

''I hope for peaceful relations with you, though we must part. 
They [peaceful relations] may be materially beneficial to us in the 
future, as they have in the past, if you so will it." 

Group C. Optional. 

l^Not to be suhstituted for any previous questions. Intended for stu- 
dents who have satisfactorily answered nine questions.^ 

16. The Oregon controversy ; illustrate on outline map. 

17. The outbreak of the war with Mexico. 

18. The Thirteenth Amendment. 

§ 119. Specimen final paper in government. 

Read the paper through before beginning to write ; and observe carefully the 
following directions. 

[Take all the question in Group A ; take four (lui'stions in Group B ; having: 
answered nine questions you are encouraged to try some of the questions in 
Group C. Arrange your answers in the order of the questions. Number the 
answers plainly with Arabic numerals. Stude?its may use the text of the Consti- 
tution, and the outline map of the United States.^ 

Group A. [To test the knowledge ok principles.] 
All required. 

1. On the outline map show into what kinds of territory the 
Uni;ed States is divided; briefly explain the constitutional authority 
under which each is governed. 

2. Can there be a citizen of a State who is not a citizen of the 
United States ? Can there be a citizen of the United States who is 
not a citizen of a State or territory? Discuss. 

3. How is the rate of duty on imported merchandise at present 
ascertained? Give a brief account of the earlier practices of the 
government in this respect. 

4. Suggest practical)le methods of shutting out undesirable immi- 
grants from the United States. Can the States assist in such 
exclusion ? 



164 EXAMINATIONS. [SECT. 119. 

5. What can 3-011 say of municipal debts? "Would any of the fol- 
lowing changes be a reform? 

(a) The submission of all propositions to create a local debt to a 
vote of the taxpaj-ers ? 

(b) The requu'ement that uo numicipal bonds shall be valid unless 
the State legislature votes that the State will guarantee them. 

(c) A provision that no loan in any one year shall exceed one per 
cent, of the assessed valuation. 

(d) The division of large cities into debt districts, each to borrow 
for its own purposes. 

Group B. [To test independent reading.] Choose four. 

6. Would it have been better policy for the United States to dis- 
pose of the public lands in the way which would have yielded the 
largest revenue ? 

7. Suggest any objects of taxations, not commonly taxed in the 
United States, which it would be desirable to levy upon for State and 
local purposes. 

8. What kinds of business does the United States Post Office 
caiTy on? 

9. The present relation of the States to internal improvements. 

10. How far does the House of Representatives participate in 
treaties ? 

11. Is there any part of any constitution or charter in the United 
States which cannot be amended? 

12. 13, 14, 15. [_This counts as four questio7is.'\ Write a brief 
essay, in compact and logical form on the following subject : — 

The advantages and disadvantages of State control over the opera- 
tions of city government, as illustrated in American practice. 

Group C. Optional. 

[^Not to be substituted for any previous questions. Intended for stu- 
dents who have satisfactorily answered nine questions. '\ 

16. The condition of the local goveriiment in your own town or city. 

17. National aids to education. 

18. Condition of the State militia. 



mm;'m^m^ff§^^ 




